Lok Sabha Question No. 656 (UNSTARRED), answered on 2018-02-06
Subject: Action against Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: ADHIR RANJAN CHOWDHURY, PANKAJ CHOWDHARY, NAGARAJAN P.

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

LOK SABHA UNSTARRED QUESTION NO. 656 TO BE ANSWERED ON 06.02.2018

## ACTION AGAINST MISLEADING ADVERTISEMENTS

656. SHRI ADHIR RANJAN CHOWDHURY: SHRI PANKAJ CHAUDHARY: SHRI P. NAGARAJAN:

## Will  the  Minister  of  CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether  the  Government  has  received  any  reports/complaints  regarding  misleading/fake advertisements  appearing  in  the  electronic  and  print  media  making  false  and  exaggerated claims, if so, the details thereof indicating the number of cases reported/identified, companies held responsible;
- (b) the action taken against the persons/companies involved therein, during each of the last three years and the current year;
- (c) whether the Government has also received any complaints regarding fake advertisements on various  consumer  items  including  food,  drinks  and  other  equipments  etc.,  to  attract  more consumers from domestic as well as foreign companies, if so, the details thereof including the total number of such complaints received and action taken on these complaints during the last three years;
- (d) whether the Union Government has any plan to give severe punishments to these companies for such fraudulent advertisement, if so, the details thereof; and
- (e) whether the Government is formulating any scheme for taking stringent action against such misleading advertisements of products in the country, if so, the details thereof including the steps being taken by the Government to address the complaints of consumers being duped by misleading advertisements?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ¼Jh lh- vkj- pkS/kjh½

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI C.R. CHAUDHARY)

(a) to (c ):  In so far as the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) is concerned, a portal called 'Grievance Against Misleading Advertisements (GAMA)' has  been  launched  to  deal  with  the  complaints  relating  to  misleading  advertisements. Under an MoU, the Department has assigned the task of processing the complaints received through the GAMA portal to the Advertising Standards Council of India (ASCI) as per its code.  Complaints received  through  this  portal  are  evaluated  by  ASCI  and  are  processed  through  its  Consumer Complaints Council. In cases where the complaints are upheld, the advertisers are asked to modify or  withdraw  the  misleading  advertisements.    In  case  of  non-compliance,  ASCI  forwards  such complaints to the Regulators concerned to take necessary action.  During the period April, 2015 to January, 2018, 6230 complaints have been received in the GAMA portal. While 1262 complaints have been rejected, 3146 complaints have been resolved, 1148 complaints have been referred to the Regulators concerned for taking further action.

(d)  &  (e):    The  Government  introduced  the  Consumer  Protection  Bill,  2018  in  the  Lok  Sabha  on 5.1.2018.    The  Bill  seeks  to  provide  for  establishment  of  an  executive  agency  to  be  called  the 'Central Consumer Protection Authority (CCPA)' to deal with unfair trade practices and misleading advertisements.  The  Bill  empowers  the  CCPA      to  issue  directions  to  the  concerned  trader  or manufacturer or endorser or advertiser or publisher to discontinue the misleading advertisement or to modify the same and to impose penalties against false or misleading advertisements.  The Bill also makes provisions for imprisonment by a Court to any manufacturer or service provider who causes a false or misleading advertisement which is prejudicial to the interest of consumers.

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