Lok Sabha Question No. 656 (UNSTARRED), answered on 2023-12-06
Subject: Guidelines for Misleading Advertisements
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Ramesh Chander Kaushik, Sunil Kumar Pintu, Navneet Ravi Rana, Ajay Kumar Mandal

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

## Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 656 (OIH)

TO BE ANSWERED ON 06.12.2023

## GUIDELINES FOR MISLEADING ADVERTISEMENTS

656. SHRI RAMESH CHANDER KAUSHIK: SHRI SUNIL KUMAR PINTU: SHRIMATI NAVNEET RAVI RANA: SHRI AJAY KUMAR MANDAL: (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 has issued any new guidelines to restrict misleading advertisements and to conduct appropriate scrutiny before giving approval to advertisements;
- (b) if so, the details thereof;
- (c) whether any advisory has been issued to the State Governments and public to be vigilant in view of the misleading and alluring advertisements appearing in electronic media and newspapers and if so, the details thereof;
- (d) the number of such cases reported as well as the action taken against such advertisements; and
- (e) the details of the action taken against those advertisements which flout the guidelines and moralities and aims to mislead the innocent public?

## 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 (e): The Central Consumer Protection Authority (CCPA) has been established under Section 10 of  the  Consumer  Protection  Act,  2019  for  regulating  matters  relating  to  violation  of  the  rights  of  the consumers, unfair trade practices and false or misleading advertisements that are prejudicial to the interests of the public and consumers and to promote, protect and enforce the rights of consumers as a class.

In exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, CCPA has notified  Guidelines  for  Prevention  of  Misleading  Advertisements  and  Endorsements  for  Misleading Advertisements, 2022 with the objective to curb misleading advertisements and protect the consumers, who may be exploited or affected by such advertisements.

Based  on  the  notices  issued  by  the  CCPA  against  misleading  advertisements  by  companies,  33 companies  have  withdrawn  misleading  advertisements  and  9  companies  have  agreed  for  corrective advertisement. The CCPA has also imposed penalties on 22 companies for their misleading advertisements.

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. Rule 7(5) of the Cable Television Networks Rules, 1994 specifically provides that no advertisement shall contain references that 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 to prove.

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

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