Lok Sabha Question No. 261 (STARRED), answered on 2017-03-21
Subject: Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: UDAY PRATAP SINGH, SUNIL KUMAR MONDAL

## Ministry of Consumer Affairs, Food and Public Distribution

## Government of India Department of Consumer Affairs

## LOK SABHA

## STARRED QUESTION NO. *261

TO BE ANSWERED ON 21.03.2017

## MISLEADING ADVERTISEMENTS

*261. SHRI UDAY PRATAP SINGH: SHRI SUNIL KUMAR MONDAL: (OIH)

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  is  aware  of  false/misleading  advertisements  rapidly  growing  all over  the  country  and  if  so,  the  details  thereof  and  the  corrective  steps  taken  by  the Government in this regard; and
- (b) the  mechanism  put  in  place  to  check  misleading  advertisements  especially  in  print  and electronic media?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h ¼Jh jke foykl ikloku½

THE MINISTER OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI RAM VILAS PASWAN)

(a) & (b) :

A Statement is laid on the Table of the House.

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## STATEMENT  REFERRED  IN  REPLY  TO  PARTS  (a)  &  (b)  OF  LOK  SABHA  STARRED QUESTION NO.*261 FOR 21.03.2017 REGARDING MISLEADING ADVERTISEMENTS.

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(a) : Yes,  Madam.  A  number  of  false/misleading  advertisements  come  through  various  media. There  are  a  number  of  legislations  that  have  provisions  to  deal  with  misleading  claims  and advertisements made by companies regarding their products which include:

- (i) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954(Ministry of Health)
- (ii) Food Safety and Standards Act, 2006 (Ministry of Health)
- (iii) The  Cigarettes  and  other  Tobacco  Products  (Prohibition  of  Advertisement  and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Ministry of Health)
- (iv) Consumer Protection Act, 1986
- (v) Advertisement  aired  on  private  satellite  TV  channels  are  regulated  under  the Advertising  Code  prescribed  in  rules  framed  under  Cable  Television  Network (Regulation) Acts 1995.

In so far as the Department of Consumer Affairs is concerned, the Consumer Protection Act, 1986  has  been  enacted  to  better  protect  the  interests  of  the  consumers.  Section  2  (1)  (r)  of  the existing Consumer Protection Act 1986 provides that the practice of making any statement, whether orally  or  in  writing  or  by  visible  representation  which  falsely  represents  that  the  goods  are  of  a particular standard, quality, quantity, grade, composition style or model; falsely represents that the services are of a particular standard, quality or grade, falls under unfair trade practices.  A consumer can  make  a  complaint  against  unfair  trade  practice  in  a  Consumer  Forum  established  under  the Consumer Protection Act, 1986. If the complaint is upheld by the  Forum, it can order, inter alia, for removal  of  the  defect  pointed  out,  replacing    the  goods  with  new  goods  free  from  any  defect, issuance of corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement, etc.

Further, to ensure inter-ministerial coordination, an Inter-Ministerial Monitoring Committee has been established in 2014 under the Chairmanship of the Additional Secretary, Consumer Affairs, which  monitors  the  redressal  of  complaints  received  on  a  portal  'Grievances  Against  Misleading Advertisements  (GAMA)'  launched  to  enable  consumers  to  register  their  complaints  against false/misleading advertisements. From March, 2015 till date, a total of 3220 complaints have been registered on the portal. Of the complaints received, 1683 complaints have been resolved and 715 complaints rejected.

(b)  : Besides  the  Inter-ministerial  Monitoring  Committee  constituted  by  the  Department  of Consumer Affairs to protect the consumers, it has been  informed by the Ministry of Information and Broadcasting  that  as  per  the  existing  regulating  framework,  all  programmes  and  advertisements telecast on TV channels and transmitted/retransmitted through the Cable TV network are required to adhere  to  the  programme  and  Advertising  Codes  prescribed  under  the  Cable  TV  Networks (Regulation) Act, 1995 and Rules framed thereunder.  The Ministry of Information and broadcasting has constituted an  Inter-Ministerial  Committee (lMC) to look into the specific complaints or suomoto  take  cognizance  against  violations  of  the  Programme  and  Advertising  Codes  in  respect  of private satellite TV channels.  IMC is a recommendatory Body.  Appropriate action is taken as per CTN Act, 1995 if any violation of the said code is established.  The Advertising Standards Council of India (ASCI),  a  voluntary  self-regulatory body  of  Advertisement  Industry,  self-regulates advertising content to monitor and decide on complaints against objectionable advertisements.

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