Lok Sabha Question No. 4519 (UNSTARRED), answered on 2022-03-30
Subject: Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Rita Bahuguna Joshi, Pallab Lochan Das

## Government of India Ministry of Consumer Affairs, Food and Public Distribution

## Department of Consumer Affairs

## LOK SABHA

## UNSTARRED QUESTION NO. 4519

TO BE ANSWERED ON 30.03.2022

## MISLEADING ADVERTISEMENTS

## 4519.  SHRIMATI RITA BAHUGUNA JOSHI: SHRI PALLAB LOCHAN DAS:

## 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  complaints  about  various  false  advertisements,  especially related to cosmetic products, junk foods and beverages;
- (b) if so, the details thereof;
- (c) the  steps  taken  by  the  Government  to  curb  such  false  promotion  and  advertisements  done  by reputed multinational brands in the last one year;
- (d) whether the Government is going to take serious action against the false promotion/advertisements of such products affecting perception of kids about the use of such products and if so, the details thereof;
- (e) whether  the  Government  has  also  received  complaints  against  companies  making  fake  claims  to attract consumers; and
- (f) if so, the initiatives taken by the Government to tackle such fake claims?

## ANSWER

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

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

(a)  to  (f)  :  Under  the  provisions  of  Consumer  Protection  Act,  2019,  a  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 can issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same. The Consumer Protection Act, 2019 also provides for imposition of penalty by the CCPA on a manufacturer or endorser or publisher and imprisonment and penalty by a competent court on any manufacturer or service provider, who is found responsible for a false or misleading advertisement.

Based  on  the  notices  issued  by  CCPA  against  misleading  advertisements  by  companies,  13 companies have withdrawn misleading advertisements and 3 companies agreed for corrective advertisement.  CCPA  has  also  imposed  penalties  on  3  companies  for  their  misleading  advertisements. CCPA  has  recently  issued  two  Safety  Notices  to  alert  and  make  consumers  cautious  against  buying household goods which do not conform to BIS standards. An advisory has also been issued to industry associations  highlighting  the  provisions  of  the  Consumer  Protection  Act  and  to  impress  upon  their members  to  cease  from  making  false  claims  about  effectiveness  against  corona  virus  which  are  not supported by competent and duly authorized scientific advice.

All advertisements telecast on private satellite TV channels are required to adhere the Advertising Code  prescribed  under  the  Cable  Television  Networks  (Regulation)  Act,  1995  and  Cable  Television Networks Rules, 1994 framed thereunder. Appropriate action is taken in cases where Advertising Code is found to be violated.

Section 23 of the Food Safety and Standards Act, 2006 describes responsibility of Food Business Operators in respect of packaging and labelling of food products while Section 24 places restrictions on misleading advertisements and unfair trade practices.

FSSAI  has  notified  the  Food  Safety  and  Standards  (Advertising  and  Claims)  Regulations  on 19.11.2018.  These  regulations  are  aimed  at  establishing  fairness  in  claims  and  advertisements  of  food products and make food businesses accountable for such claims/advertisements so as to protect consumer interests.

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