Lok Sabha Question No. 6290 (UNSTARRED), answered on 2017-04-12
Subject: Veracity of Advertisements
Ministry: INFORMATION AND BROADCASTING
Asked by: KIRIT PREMJIBHAI SOLANKI

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 6290 TO BE ANSWERED ON 12/04/2017

## VERACITY OF ADVERTISEMENTS

## 6290.  DR. KIRIT  P. SOLANKI:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) the  criteria  for  veracity  of  advertisements  of  products  related  to  daily  use consumer goods of different categories like food, beauty, health and entertainment, etc; and
- (b) the plan to bring in transparency in attractive offers to consumers and the penal provisions in this regard?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  INFORMATION  &  BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]

(a) & (b): The advertisements telecast on private satellite TV channels are regulated by Ministry of Information and Broadcasting as per Advertising Code prescribed under the Cable  Television  Network  Rules,  1994  enshrined  in  the  Cable  Television  Networks (Regulation) Act, 1995.    The code contains a whole range of parameters to regulate advertisements on TV channels.  Rule 7 (5) of the Advertising Code specifically deals with  the  misleading  advertisements  which  prescribes  that  no  advertisement  shall contain references which are likely to lead the public to infer that the product advertised or  any  of  its  ingredients  has  some  special  or  miraculous  or  super-natural  property  or quality,  which  is  difficult  of  being  proved.  The  details  of  action  taken  against  TV channels  in  case  of  misleading  advertisements  during  the  last  three  years  and  the current year is at Annexure .

Further, Department of Consumer Affairs has stated that they have not fixed any criteria  for  veracity  of  advertisements  of  products  related  to  daily  use  of  consumer goods.  However, Section 2(1)(r) of the 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 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  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.

*********

## ANNEXURE

## ANNEXURE AS REFERRED TO IN REPLY TO PARTS (a) & (b) OF LOK SABHA UNSTARRED QUESTION NO. 6290 FOR 12.04.2017

Details of action taken year-wise in respect of misleading advertisements as per the Advertising Code.

## Year 2014

|   Sl. No. | Advertisement                                                                                                                                                                                                                                                                                                                                                                                                            | Action Taken                                                                             |
|-----------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|
|         1 | The complaint against advertisement of Zaitoon Tara Edible Oil was deliberated by Consumer Complaints Council (CCC) of ASCI who concluded that the claim, 'Edible oil prevents cancer, diabetics, acidity, cholesterol, etc.' was not substantiated and was misleading, thus in breach of the law, particularly the Drug & Magic Remedies Act. The complaint was Upheld but advertiser did not comply with orders of CCC | The Ministry advised on 26.06.2014 all TV channels not to carry the said advertisement.  |
|         2 | The Ministry received complaints against advertisement of 48 products in different categories which were deliberated upon by Consumer Complaints Council (CCC) of ASCI concluding that the claim made by the advertisers were misleading and contravened the prescribed Codes, but advertisers did not comply with orders of CCC.                                                                                        | The Ministry advised on 21.08.2014 all TV channels not to carry the said advertisements. |

## Year 2015

| Sl.No   | Advertisement   | Action Taken   |
|---------|-----------------|----------------|
| .       | NIL             | NIL            |

## Year 2016

| Sl .No.   | Advertisement   | Action Taken   |
|-----------|-----------------|----------------|
|           | NIL             | NIL            |

## Year 2017

| Sl .No.   | Advertisement   | Action Taken   |
|-----------|-----------------|----------------|
|           | NIL             | NIL            |

****************