Lok Sabha Question No. 5308 (UNSTARRED), answered on 2023-04-05
Subject: Criteria for Advertisements for Cosmetic Products
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Omprakash Bhupalsinh alias Pawan Rajenimbalkar, Arvind Ganpat Sawant

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA

## UNSTARRED QUESTION NO. 5308 (OIH)

TO BE ANSWERED ON 05.04.2023

## CRITERIA FOR ADVERTISEMENTS FOR COSMETIC PRODUCTS

5308.  SHRI OMPRAKASH BHUPALSINH ALIAS PAWAN RAJENIMBALKAR: SHRI ARVIND GANPAT SAWANT:

(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) the criteria framed by the Government with regard to issuing advertisements on cosmetic products, junk food and beverages;
- (b) whether the Government conducts any check in this regard from time to time and if so, the details thereof;
- (c) whether the Government has put in place any mechanism for the same;
- (d) whether the Government has received complaints regarding various false advertisements and if so, the details thereof;
- (e) whether any inquiry has been conducted into the same and if so, the steps taken by the Government to stop such false publicity and advertisements made during the last five years;
- (f) whether the Government has taken any action against fare publicity and advertisements influencing children's perception about the use of such products and if so, the details thereof; and
- (g) whether several big companies are also involved in it and if so, the details thereof?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ( श्री अश्विनी कु मार चौबे )

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a) to (g): Under the provisions of the Consumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA) has been established w.e.f 24.07.2020 to regulate matters, inter alia, relating to false or misleading advertisements which are prejudicial to the interests of public and consumers as a class.

The  CCPA  has  notified  the  Guidelines  for Prevention  of  Misleading  Advertisements  and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait  advertisements  and  free  claim  advertisements;  and,  (c)  duties  of  manufacturer,  service  provider, advertiser and advertising agency.

These Guidelines prohibit, inter-alia, advertisements that target children from encouraging dangerous behavior, taking advantage of children's inexperience, or making unrealistic claims about goods or services. Such advertisements cannot encourage practices that are detrimental to children's physical or mental  health  or  imply  that  children  will  be  ridiculed  if  they  do  not  purchase  the  advertised  goods  or services.  Advertisements  for  junk  food  cannot  be  shown  during  programs  for  children  or  on  channels exclusively for children, and promotional gifts cannot be used to persuade children to purchase goods or services unnecessarily.

CCPA has issued show-cause notices against various misleading advertisements in order to protect consumer rights in every sector targeting various categories of consumers from children to elders. It has taken strict actions against the misleading advertisements especially in cases where Covid-19 sensitivities were  being  exploited  where  by,  many  of  these  misleading  advertisements  were  withdrawn  by  the companies  and  some  were  modified.  Penalties  of  10  lakhs  each  was  issued  against  Sensodyne  &  Sure Vision along with order for withdrawal of misleading advertisement which has been complied.

Apart from this, as per the existing regulatory framework, all programmes/advertisements telecast on  private  satellite  TV  channels  are  required  to  adhere  to  the  Programme  Code  &  Advertising  Code prescribed under the Cable Television Networks (Regulation) Act' 1995 and rules framed thereunder. The Advertising Code inter alia provides that:

Rule  7(4)  :  The  goods  or  services  advertised  shall  not  suffer  from  any  defect  or  deficiency  as mentioned in  the Consumer Protection Act, 1986 (now Consumer Protection Act, 2019)

Rule 7(5): 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-

Rule 7(7): No advertisement which endangers the safety of children or creates in them any interest in unhealthy practices or shows them begging or in an undignified or indecent manner shall not be carried in the cable service.

Appropriate  action  is  taken  against  the  private  satellite  TV  channel(s)  when  violation  of  any provision of the Advertising Code is found. Ministry of Information & Broadcasting also issues advisories from time to time to private satellite TV channel(s) for ensuring strict compliance to the Programme Code and the Advertising Code.

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