Supreme Court Directs To Act Responsibly Against Misleading Advertisements

Written by:

Adv Anshul Jain

Updated: 29-03-2024

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In an important decision that supports the principles of openness and truth, the Supreme Court is taking an unwavering stand against misleading advertisements. This ruling reaffirms the judiciary's commitment to safeguarding citizens' rights and interests and represents an important turning point in the arenas of consumer protection as well as corporate accountability.

The widespread dissemination of advertisements through diverse channels of communication has rendered it crucial to ensure their precision and authenticity in order to encourage a balanced market that encourages well-informed decision-making.

What are Misleading Advertisements?

False or misleading advertisements are propaganda, whether digital or traditional, that manipulates consumers by providing false or misleading information in an attempt to change their behaviour.
Put another way, false advertising is propaganda that is intended to persuade a customer to make a purchase based on false or misleading facts.
For example, it might also be deemed a deceptive advertisement if it omits important details about a good or service. This applies to all forms of advertising and marketing, including websites, catalogues, publications, digital and print ads, and more.

Consumer Protection: Importance

To form Consumers: Indian consumers are readily exploited by merchants due to their lack of organization.
Provide Market Information: The majority of consumers are ignorant about the products they are purchasing, which could lead to losses.
Physical Safety: Products that are tampered with may be harmful to the health of the user. They must therefore be safeguarded.
Prevent Monopoly: Despite many restrictions, monopoly practices are followed by many organizations, which has an adverse effect on customers and should be protected.

Ruling by the Supreme Court

In the case of Indian Medical Association v Union of India:

Advertisers, advertising agencies, and endorsers bear equal accountability for disseminating deceptive and misleading advertisements.
The importance of Public Figures, Influencers, or Celebrities highlighted how important it is for these groups of people to ethically promote items in commercials.

Transparency Guidelines by the Supreme Court

It emphasized the Central Consumer Protection Authority's (CCPA) standards, which emphasize how crucial transparency is when it comes to influencers' paid recommendations.

Guideline 8: Concerning advertisements including or aimed at minors
Guideline 12: This guarantees that the trust of customers is not weakened or exploited as a result of their ignorance.
Guideline 13: This mandates that advertisers bear the appropriate responsibility, that product endorsers possess sufficient knowledge or experience with the particular food product they are endorsing, and that the endorsements are truthful.

In the Patanjali Ayurveda misleading advertisements case, where the court also called the Indian Medical Association earlier in the day, the court also declared that before airing any advertisements, broadcasters must file a self-declaration form attesting to the commercials' compliance with applicable regulations.

A bench of Justices Hima Kohli and Amanullah continued the case's hearing by citing the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. They specifically brought up Guideline 13, which states that an endorser must be sufficiently knowledgeable about or have firsthand experience with the good or service they are endorsing in order to guarantee that it is not deceptive.

Role of Consumer Court Lawyers

Lawyers for consumers in consumer courts are crucial in helping clients in consumer disputes.
They perform legal research, negotiate settlements, write legal papers, communicate with clients, offer legal advice, file complaints, represent clients in court, and represent clients in mediation or arbitration.
Strong legal knowledge, effective communication abilities, and interpersonal skills are necessary for these duties in order to effectively represent clients and secure the best possible resolution in consumer disputes.

For precisely this reason, Sharks of Law’s consumer court lawyers are highly recommended!

Sharks of Law is a one-stop legal destination of repository of consumer court lawyers’ expertise in various laws possessing the highest legal qualifications in legal matters. You can find a lawyer who satisfies your legal needs with this law firm for legal matters. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of legal matters where you need it.

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