How to File a Complaint against Misleading Advertisements: A Consumer’s Guide

Introduction

When you hear the word "advertisement," what comes to mind? Is it those TV commercials that appear between your favorite shows, promoting cooking oil or shampoo? Or the catchy jingles and slogans that stick in your head? Perhaps it's the massive billboards and posters displayed everywhere.

Advertisements play an important role in informing consumers about products and making them aware of new offerings. However, what if the information they provide is misleading, false, or deceptive? What actions can be taken against such advertisements?

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Advertisements must remain fair and truthful. Misleading advertisements can manipulate customers’ decisions and influence them in the wrong way. False advertising can lead consumers to make uninformed choices, affecting their rights as buyers. Consumers have certain fundamental rights, such as:

• The right to accurate information about a product.
• The right to make informed purchasing decisions.
• The right to protection from misleading claims.
• The right to safety from hazardous products.

Examples of deceptive advertisements

1. Cooking Oil Claiming to Cure Heart Diseases

A cooking oil brand falsely claimed that its product prevents heart disease. While a healthy diet plays a role in heart health, no single oil can eliminate cardiovascular problems. This misleading claim falsely reassured consumers, leading them to believe they were making a healthier choice.

2. Hidden Terms in Telecom Offers

A telecom provider advertised cheap call rates but failed to mention that these rates applied only within the same network. This omission misled consumers into believing they could make cheap calls to any network.

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3. False Promises by Health Supplements

A health supplement company claimed its product could boost immunity and cure diseases without scientific proof. Many consumers, believing the false claims, purchased the supplement, expecting health benefits that were never delivered.

These examples show how deceptive advertisements can lead consumers to make uninformed and potentially harmful choices.

Legal Framework Against Misleading Advertisements in India

Several laws regulate advertisements to ensure they are ethical, transparent, and do not mislead consumers.

1. Consumer Protection Act, 2019

• Section 21 of this act empowers the Central Consumer Protection Authority (CCPA) to take strict action against misleading advertisements.
• Manufacturers, advertisers, and endorsers of misleading ads can face fines up to ₹10 lakh for the first offense and Rs. 50 lakh for repeated violations.
• Celebrity endorsers can be banned from future endorsements for up to three years if found promoting false claims.

2. Legal Metrology Act, 2009

This law ensures that product packaging and labeling provide accurate weight, price, and quantity information.

• Incorrect labeling can result in ₹10,000 fines for first-time offenses.
• Repeated offenses may lead to six months of imprisonment.

3. Cigarettes and Other Tobacco Products Act (COTPA), 2003

This law bans all tobacco advertising in print, digital, and TV media.

• Violation results in a Rs. 1,000 fine and 2 years of imprisonment for first-time offenders.
• Repeated offenses can lead to RS. 5,000 fine and 5 years of imprisonment.

4. Cable Television Networks Regulation Act, 1995

This act ensures that TV advertisements respect public morality and do not contain offensive or harmful content.

How to File a Complaint Against a Misleading Advertisement

There are multiple ways to file a complaint depending on the nature and severity of the misleading advertisement.

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1. Department of Consumer Affairs

Consumers can report misleading advertisements to the Department of Consumer Affairs through:

• Online Complaint: File a complaint at gama.gov.in
• Grahak Suvidha Kendra: Visit a consumer grievance center for offline complaints.
• Voluntary Consumer Organizations (VCOs): Approach local consumer organizations for assistance.

2. Advertising Standards Council of India (ASCI)

ASCI investigates misleading advertisements and takes action against violators.

Steps to file a complaint with ASCI:

1. Visit ascionline.in

2. Provide the following details:

• Advertiser or brand name
• Date, time, and medium of the advertisement (TV, newspaper, social media, etc.)
• Name of the product or service
• A copy or description of the advertisement
• Reasons for complaint
• Your contact details

3. Submit the complaint and track its progress.

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3. Filing an FIR with the Police

If a misleading advertisement results in fraud, financial loss, or health hazards, consumers can file an FIR at their nearest police station.

Steps to file an FIR:

1. Visit the police station with all evidence (screenshots, invoices, videos, etc.).
2. Write a detailed complaint explaining how the advertisement misled consumers.
3. Submit the complaint and obtain a copy of the FIR for reference.
4. Complaining to the District Collector or the Central Consumer Protection Authority (CCPA)

For advertisements affecting a large number of consumers, complaints can be filed with:

• The District Collector’s Office
• Central Consumer Protection Authority (CCPA) via email at ccpa@nic.in

These authorities can impose penalties, ban advertisements, and take legal action against offenders.

What Actions Can Be Taken?

Once a complaint is filed, the following actions can be taken against misleading advertisements:

• Immediate removal or modification of the advertisement.
• Fines up to ₹50 lakh for repeat offenders.
• Ban on celebrity endorsers from future advertisements.
• Product recalls for unsafe or falsely advertised goods.
• Legal proceedings against the advertiser or manufacturer.
• Compensation to affected consumers in cases of financial or health-related harm.

The severity of the action depends on the nature of the advertisement and its impact on consumers.

With the rise of digital marketing and influencer promotions, misleading advertisements have become more common. Laws like the Consumer Protection Act, 2019, empower authorities to take strict action against deceptive ads, protecting consumer rights.

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