Ad regulation
Govt issues new guidelines to prevent misleading ads
New Delhi/UNI: The government on Friday came out with new guidelines to prevent misleading advertisements which make different sorts of claims to try to woo customers.
The guidelines, issued by the Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs, forbid advertisements from exaggerating the features of a product or service in such manner as to lead children to have unrealistic expectations of such product or service and claim any health or nutritional claims or benefits without being adequately and scientifically substantiated by a recognized body.
Keeping in view the sensitivity and vulnerability of children and the severe impact advertisements make on the younger minds, several preemptive provisions have been laid down on advertisements targeting children, an official statement said.
The guidelines, which came into being with immediate effect, say advertisements targeting children will not feature any personalities from the field of sports, music or cinema for products that under any law requires a health warning for advertisement or cannot be purchased by children.
The guidelines seek to ensure that consumers are not being fooled by unsubstantiated claims, exaggerated promises, misinformation and false claims.
It stipulates that the disclaimer shall not attempt to hide material information with respect to any claim made in such advertisement, the omission or absence of which is likely to make the advertisement deceptive or conceal its commercial intent and shall not attempt to correct a misleading claim made in an advertisement.
Clear guidelines have been laid for duties of manufacturer, service provider, advertiser and advertising agency, due diligence to be carried out before endorsing and others.
The Central Consumer Protection Authority (CCPA) can impose a penalty of upto Rs 10 lakh on manufacturers, advertisers and endorsers for any misleading advertisements and for subsequent contraventions, CCPA may impose a penalty of upto Rs 50 lakh.
The authority can prohibit the endorser of a misleading advertisement from making any endorsement for upto 1 year and for subsequent contravention, prohibition can extend upto 3 years, the statement said.
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