MISLEADING ADVERTISEMENT PRACTICES IN INDIA

INTRODUCTION

Today, advertisement has taken over all aspects of one's life. From biscuits in beauty products, from hospitals to health drinks, companies are investing heavily money in the marketing of their products. Ads play a very important role in the public as it sells products and educates consumers about its use. It's not just a business but a public service that has a great impact on the lives of individuals and society as a whole. One of the main functions of ads may inform the consumer about product features or service and by bringing to him details such as price, assistance, etc. product. Advertisement is called deception when it misleads people, turning it into it also affects the conduct of the purchase. The advertisement is either false or misleading when it is false either using misleading statements in advertising. False advertising exists a published claim that is fraudulent or untrue. Misleading advertising is any published claim that gives the consumer what is wrong product understanding. "Truth" means that customers have a right to know what they are buying, and that's all the required information must be on the label and in the content must be correct. The misleading nature of these ads can affect the behavior of consumers and traders, or it could be dangerous for a competitor. Misleading status of ads depending on the set of processes, features of goods or services (availability, environment or composition, method of manufacture or supply, origin, etc.), the expected results for the usage, and managed quality test results; price or method of calculating price; conditions governing the supply of goods or services; the nature, qualities, and rights of an advertiser (ownership and property, qualifications, intellectual property rights, etc.).

ETHICS IN ADVERTISING

In advertising, honest and correct matters are broadly divided into two categories, namely, the problem of morality and morality. The first is a two-headed problem that arises from the pros and cons of a particular problem when it is related to the rules and beliefs of doing the right thing to talk about - for example, the use of integrated advertisements/opinion statements to help maximize / market company products or services. A compound statement/vision statement attracts readers' attention and a copy of the advertisement has a greater impact on the reader's mind than a regular advertisement. The look or layout of an ad is just like that of a magazine or newspaper that has written ideas and readers are confused/deceived into thinking they are reading an article. 

An honest and fair ending occurs when there is a breach or departure from the standards in a way that indicates or indicates that something is known, for example, delivering an incorrect message knowing full well that it is wrong. For example, the Energy Ultra dish wash powder claimed to contain whole/whole / excluded ingredients mixed with lemon juice, but laboratory tests proved that the claim was false. There are three guidelines/guidelines that help determine whether an ad is trustworthy and accurate:

•    Strive for something: It means what the ad is trying to say and whether this is based solely on facts and not on opinions or neutrality.

•    Quality of closeness to the truth or the correct number: It means that the claim made by the company is true and (can be proved to be true).

•     The desire to buy more: It means that the ad is (helps to expand/show in a positive way) (to want, above all else, to buy and have a lot of good things). 

ASCI is a voluntary, independent legal entity, registered as a non-profit company under Section 25 of the Indian Companies Act. The ASCI sponsors, which are its main members, are firms (large/relatively large) in the Indian industry and contain/cosmetics advertisers, media, advertisers (business services/ government units), and other professional / assisted services linked to the marketing practice. Therefore, while ASCI is not a public body, it is represented by all (decision-making or promotional parties) operating content advertising throughout the Indian Government service.

DECEPTIVE ADVERTISEMENT

Deception is found when an advertisement is inserted the perceptual processes of other audiences and the issuance of this process (a) are different the veracity of the situation and (b) affects the conduct of the purchase and harms the consumer. When an ad is considered deceived by the consumer, the most important role played by the existing consumer the beliefs and experiences associated with the ad he was exposed to. The deceptive ad as a moral structure, if the ad (or advertising campaign) leaves the consumer with a different view or belief than what used to be it is expected if the consumer has reasonable information, and that the opinion and/or belief is untrue or probable misleading, and then deceptive is said to exist.

TYPES OF DECEPTIVE PRACTICES THAT ARE OBSERVED IN ADVERTISING:

•    Bait-and-switch offers: In such offers, the advertiser advertises a lower, less expensive type of product, but when a customer requests this product the same is said is not available, so the customer is made to switch to higher, more often the expensive product.

•    False promises: Impossible promises are made through ads. These promises cannot fulfill, because it is impossible to do. For example, Food yoga Health The clinic ad has promised to lose 15 Kgs in 3 months without food, no exercise and there is no cure. It turned out that he was cheating on ASCI because it was it is not possible to achieve the target.

•    False evidence: The use of celebrities to allow a product for the purpose of attracting a customer is evident as a standard form of advertising. Thus ads, the celebrities often use the advertised product and guarantee its quality, help, etc.

•     Misleading comparisons: Certain ad claims that make comparisons with what they are. It is difficult to confirm falling under this category. For example, a jeweler claim that his gold is the highest quality gold in the world is hard to prove.

•    Visual distortion: Product display of a different size than the original product, either a different color or light than the original to be sold can be called visually disturbance. For example, in the case of online shopping, it is found that similar products clothing, etc are shown in the most vibrant colors but if the buyer actually sees the product, you see that it is not exactly the same as what you see on the website.

EXISTING LEGAL FRAMEWORK FOR DECEPTIVE ADVERTISING IN INDIA

In India, laws pertaining to deceptive advertisements are spread across different legislations prominent among them are:

• The Consumer Protection Act, 1936,

• Trademarks Act, 1999,

• Cable Television Networks ( Regulations ) Act, 1995 and 

• Cable Television Networks ( Amendment ) Rules, 2006,

• The Drugs and Cosmetics Act, 1940,

• The Drugs and Magical Remedies ( Objectionable Advertisements ) Act, 1954,

• The Food Safety & Standards Act, 2006,

• The Monopolies and Restrictive Trade Practices Act, 1969 and many more.

But most of these legislation do not elucidate the concept of deception advertisements in detail. Other than the above given legislation there is also a self- regulatory body namely the Advertising Standards council of India which deals with advertising in India. ASCI is a non statutory body rented to ensure ethical practices in advertising and is composed of advertiser's media, advertising genies and other professional/ancillary services connected with advertising. ASCI has also developed an ASCI code which is voluntary adhered to by those in the industry but is in no way mandatory. India has a huge array of general as well as sectoral legislation to address the issue of deceptive advertising. Insight of a catena of legislation, the instance of deceptive advertisements in India is in the rise. A through analysis of the existing laws and case laws long with the self - regulatory authorities is required to comprehensively clarify the interpretation, verification, and remedial mechanism of deceptive advertisements in India. The research will also attempt to make a comparative analysis of the mechanism followed in other jurisdiction to deal with issues related to deceptive advertisements.

CONCLUSION

There are many ways in which advertising can be done today. However, the laws governing these ads are in a very early stage and as a result, it can be so suggested that there were enough of its rules. Even marketing researchers and advertisers believe that the future of advertising is nothing but the way it is controlled. Doing and not donating ads is very important to anyone involved in its manufacture and publication. There are rules that deal with advertising-related issues but these laws are not enough to deal with the growing legal complexity of advertisers it usually comes in today. Advertisers seem to prioritize the sale of their products, and the law seems to take over the back seat. Legal considerations are moral considerations it should serve as a major influence on many of the marketing managers for the development of marketing strategies. But this would not happen as long as we stayed behind the creation of an appropriate legal framework to deal with this issue. By file bombings with advertisements, are close to specifying what regulations should be in place followed by what else is needed. We also need to analyze how to control ourselves is applicable in India and whether ASCI is able to play the role of regulator effectively. So this study is trying to create a legal prediction of loose now and then an obscure commercial forum.

Author:

Damini Nagar
Indore
B.A LLB from Indore institution of Law