Restrictions on Advertisement in vision of Consumer

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1 From the SelectedWorks of Dr. V.G.Ranganath 2011 Restrictions on Advertisement in vision of Consumer Ranganath V.G, VG. Available at:

2 1 Restrictions on Advertisement in vision of Consumer*** Consumer is the king of market, if he is getting exploited than the market will be ruined. The Advertisement will have more impact on consumer which leads to awareness but the advertisement should not be misleading the consumer. The Advertisement should bring precisely the use and motive of the product but the manufacturers or traders should not look for their gain or profits. In India, due to severe restrictions on advertising certain products like alcohol, tobacco products, medicines and baby food, a whole genre of misleading / surrogate advertising has emerged. In such advertising, a brand is endorsed using a product different from the actual product being promoted. Like in the matter of United Breweries Limited vs. Mumbai Grahak Panchayat, the matter of debate included the advertisements of Bagpiper Soda. This advertisement was held to be a surrogate advertisement for Bagpiper whiskey. The National Consumer Disputes Redressal Commission, New Delhi, held that the word soda was used in an inconspicuous manner, while the word Bagpiper was boldly stated, with the baseline India s largest, World s No The Consumer Protection Act, advertising Code, Censor Board and working group on Misleading Advertisements set up by the Consumer Affairs, Food and Public Distribution Department, Government of India, Food Safety and Standards Act, 2006 have all dealt with the issue of misleading advertisements. The preferred solution is to ask the advertiser to issue a corrective advertisement to neutralize the effect of misleading advertisements. The Author focuses with respect to Food Safety and Standards Act, 2006 with respect to advertisements. The Food Safety and Standards Act, 2006: The Food Safety & Standards Act, 2006 seeks to regulate the law relating to advertising and unfair trade practices in the food The Author is V.G.Ranganath, Faculty of Law, IFHE University(ICFAI),Hyderabad and Research Scholar(part-time), Dr.B.R.Ambedkar College of Law, Andhra University, Visakhapatnam. 1 Online Advertising in India available at (Last Accessed on August 1 st, 2011).

3 2 sector. The Act defines advertising 1 as any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents. Section 24 of the Act provides restrictions on advertisement and prohibition as to unfair trade practices. It lays down the following general provisions:- 1) No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of the Act, the rules and regulations made there under; 2) No person can engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which- (a) falsely represents that the foods are of a particular standard, quality, quantity or gradecomposition; (b) makes a false or misleading representation concerning the need for, or the usefulness; (c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof; Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence. The Act prescribes penalty for misleading advertisement. Section 53 2 prescribes that any person who publishes, or is a party to the publication of an advertisement, which falsely describes any food or is likely to mislead as to the nature or substance or quality of any food or gives false guarantee shall be liable to a penalty which may extend to ten lakh rupees. Various jurisdictions around the world have specific guidelines/codes laying down minimum standards for food advertisements. Although most of these codes are self regulatory in nature, they can act as an effective deterrent to prevent misleading advertisement from being disseminated to the general public. 1 Section 3(1)(b) of Food Safety and Standards Act, Food Safety and Standards Act, 2006

4 3 Present scenario of Standards of Advertising in India: i. Commercial Advertisement comes within the domain of freedom of speech and expression guaranteed under Article 19 (1) (a) of the Constitution of India. The Supreme Court of India has held that commercial advertisement is a fundamental right available to every citizen under Article 19 (1) (a) of the Constitution of India subject to the requirements of Article 19 (2) of the Constitution. ii. Currently there is no legal framework regulating advertising standards in India. However, the Advertising Standards Council of India (ASCI) has drafted and implemented a Code for Self-Regulation in Advertising (ASCI Code) in India 1. The purpose of the ASCI Code is to control the content of advertisements and not to hamper the sale of products which may be found offensive. The ASCI Code has been drawn up after wide industry consultation, and has been accepted by individuals, corporate bodies and associations engaged in or otherwise concerned with the practice of advertising, as basic guidelines with a view to achieve the acceptance of fair advertising practices in the best interest of the ultimate consumer. iii. The ASCI Code applies to advertisers, advertising agencies and media. Initiative s by Government Government sets up panel to check misleading ads 2 The government decided to set up an inter-ministerial committee to suggest ways to check misleading advertisements and also review various existing laws to make them more effective. In view of a large number of complaints from consumers about misleading advertisements, Food and Consumer Affairs Minister KV Thomas held a meeting to discuss the issue. The meeting was attended by officials of various central ministries, state governments, advertising industry, educational institutes, representatives 1 The ASCI is a voluntary self-regulatory council, registered as a not-for-profit Company under section 25 of the Companies Act, The Role and Functioning of the ASCI & its Consumer Complaints Council (CCC) in dealing with Complaints received from Consumers and Industry, against Ads which are considered as False, Misleading, Indecent, Illegal, leading to Unsafe practices, or Unfair to competition, and consequently in contravention of the ASCI Code for Self-Regulation in Advertising. The ASCI is not a Government body, nor does it formulate rules for the public or for the relevant industries. 2 Govt sets up panel to check misleading ads available at

5 4 of media and NGOs. There are number of advertisements which appear both in the print and electronic media, which are misleading. The Government decided to set up a 15- member committee to find time-bound solution to redress complaints. There are various provisions of existing Acts to check misleading advertisements were discussed and it was felt that there is an urgent need to make them more effective in view of latest trends of advertising. TV channels ordered to clean up sexy deo ads 1 In May, 2011, the Ministry of Information and Broadcasting has written to the Advertising Standards Council of India (ASCI) to ensure that "overtly sexual" deodorant adverts are modified or taken off air within five days. Taking serious note of racy ads that portray women "as lustily hankering after men under influence of such deodorants," the ministry has said these adverts offend "good taste and decency" and appear "indecent, vulgar and suggestive". The ads brim with messages aimed at tickling libidinous male instincts," the information ministry said in a statement. The Information Ministry said these ads brim with messages aimed at tickling libidinous male instincts. The brands under scanner are Wild Stone, Addiction Deo, New Axe Googly, Zatak Axe, Set Wet, Denver Deo and Axe, according to media reports. Suggestions: 1. The Prevention of Food Adulteration Act 1954, The Young Persons (Harmful Publication Act) 1956, Indecent Representation of Women (Prohibition) Act 1986, The Cigarette and other Tobacco Products (Prohibition of Advertisements and Regulation of trade, consumption and production, supply and distribution) Act, 2003 are among those laws to be reviewed. 2. It was also suggested that mass awareness campaigns should be started at various levels to educate consumers about the provisions of these Acts. 3. The Consumer Affairs Ministry should also take up the complaints suo-moto with consumer courts. 1 TV channels ordered to clean up sexy deo ads available at

6 5 4. The Government should take the initiative for the possibility of setting up independent federal body to take suo-moto action against misleading advertisements should be explored in order to protect the consumer s interest. Conclusion: To establish a favorable and well-defined brand personality with the consumer the advertiser must be consistent. You can't use a comic approach today and a scientist in a white jacket tomorrow without diffusing and damaging your brand personality. -Morris Hite Competition is not only the basis of protection to the consumer, but is the incentive to progress. -THE END-

International Journal of Academic Research ISSN: ; Vol.3, Issue-1(1), January, 2017 Impact Factor: 4.535;

International Journal of Academic Research ISSN: ; Vol.3, Issue-1(1), January, 2017 Impact Factor: 4.535; University College of Law Osmania university-hyderabad By the nineteenth century consumer came to be used as a counterpoint to the term producer. The nineteenth century view of the consumer has survived