Misleading Advertisements ? FSSAI takes charge

Misleading Advertisements – FSSAI takes charge
 

News: Recently, The Food Safety and Standards Authority of India (FSSAI) flagged 32 new cases of misleading advertisements and claims made by food business operators.
 

What is FSSAI?
 FSSAI is a statutory body established under the Ministry of Health & Family Welfare, Government of India.
 The FSSAI has been established under the Food Safety and Standards Act, 2006, which is a consolidating statute related to food safety and regulation in India.
 HQ – New Delhi
 

What are misleading ads?
 Misleading ads are those that make false, unverified or exaggerated claims about a product or service with the intention of deceiving consumers.
 Example, Amazon Kindle’s advertisement for ‘Unlimited Reading’ was held to be not substantiated as a limit of 10 books was advertised as an ‘unlimited offer’.
 The most recent misleading advertisement was regarding Patanjali’s Coronil which was claimed to be a cure for Coronavirus. It was found to be misleading and untrue.
 Recently, Bournvita was in news as well where it was found that sugar content is at high level but they project the product as being low sugar one.
 

What are consequences of such ads?
 Loss of trust in minds of consumers
 Subsequent health impact – especially in case of Bournvita where parents convince children to have it daily while being ignorant of its health consequences on children.
 Unethical – Unfair competition, deception and breach of trust
 Unfavorable brand image
 

What are legal provisions available against misleading ads?
The New Consumer Protection Act ,2019 deals with some provisions relating to false/misleading advertisements. They are:
 Section 10(1) of the Act mentions that the Central Government shall establish a Central Consumer Protection Authority to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.
 Section 2(28) defines “misleading advertisement” in relation to any product or service, means an advertisement, which: (i) falsely describes a product or service, (ii) gives a false guarantee which is likely to mislead the consumers regarding the nature, substance, quantity or quality of such product or service, (iii) conveys an express or implied representation which, would constitute an unfair trade practice and (iv) deliberately conceals important information
 

Food Safety and Standards Regulations, 2018
 Specifically deals with food (and related products), and regulates product claims, while the above guidelines deal with goods, products and services.
 

Advertising Standards Council of India (ASCI)
 A self-regulatory organization that monitors ads and deals with complaints against them in India.
 

Consumer Protection (E-Commerce) Rules, 2020
 These mandatory rules require sellers to take back defective or deficient goods, withdraw services, or provide refunds if goods or services do not meet the description on the platform.