New rules to ban ads

The Central Consumer Protection Authority (CCPA) has recently issued guidelines to prevent false or misleading advertisements. The guidelines are pioneering because they fill important consumer protection gaps while clearly outlining advertiser duties. The guidelines also try to discourage the promotion of irrational consumerism aimed at children. The problem of deceptive, fodder, surrogate and child-targeted advertising has been going on for a very long time without any respite. The guidelines perform an essential function in bringing the Indian regulatory framework at par with international norms and standards.

Defining a ‘legitimate’ ad

The guidelines set out the conditions for non-misleading and legitimate advertisements. In short, an advertisement can be considered non-misleading if it contains a true and honest representation of the goods and does not exaggerate accuracy, scientific validity or practical utility or potential. In case of an inadvertent omission, the advertisement may still be considered valid if the advertiser has taken prompt action in reporting the deficiency to the consumer.

It is to be noted that instead of defining ‘misleading or invalid advertisement’, the guidelines have sought to define ‘legitimate or non-misleading advertisement’. This significantly reduces the scope for exploitation of any unintentional loopholes on policy drafting.

surrogate ad

“Surrogate advertising” refers to the advertising of goods in the shadow of other goods. For example, advertisement of tobacco under the guise of pan masala. Tobacco advertising is prohibited by law. While existing laws such as the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 already attempt to regulate tobacco-related advertisements, manufacturers and advertisers are bound by these rules. able to bypass. Regulation through the gray area created by surrogate advertising. The guidelines attempt to ensure that these gray areas are filled with the black lettering of the law, completely disallowing any attempt to advertise products that are otherwise prohibited by law.

ads targeting children

Another important issue raised by the new guidelines is to discourage “advertisements targeted at children”. Advertisements that encourage, inspire or improperly imitate children who may be dangerous or take advantage of children’s inexperience, sense of credibility or loyalty, etc., are prohibited. It goes without saying that advertisements influence children’s shopping behavior and encourage them to consume unhealthy items, or develop negative feelings towards healthy items. The guidelines also state that goods that require health warnings should not be advertised through personalities of children as well as music, sports and cinema. Advertisements that make “any health or nutritional claims or benefits without being adequately and scientifically substantiated” or any surgery that is likely to adversely affect the physical and mental health of children are prohibited. In addition, an advertisement may be considered as targeted children if the advertisement of a goods, product or service that Addresses or targets children may develop negative body image in children or give an impression That such goods, products or services are superior to natural or conventional food. For example, advertisements related to milk additive products often imply that the products have high nutritional value for developing children, increase brain retention power during exams, strengthen bones in sports, etc., Even though these claims have not yet been scientifically proven. ,

Youth is the most influential demographic of all advertisers. There is a well-known marketing tactic to catch them young. Children can be influenced quite easily through advertisements – they are able to make individual purchasing decisions, influence their parenting decisions and form the adult demographic of the future. A marketing strategy that attempts to play aggressively on the immaturity of young audiences, affecting their ‘right to choose’ as well as their right to be informed and protected against unsafe goods and services as well as unfair trade practices can do

Additionally, the guidelines also require that advertisements including “chips, carbonated drinks and such other snacks and drinks” shall not be put up on channels specially made for children. However, it remains to be seen whether such a guideline can survive the challenge under Article 14 and Article 19(1)(g) of the Indian Constitution, as much as it affects the rights of channels like Cartoon Network. Earn money from such advertisements.

other improvements

The guidelines also introduced a requirement for “disclaimers in advertisements to clarify or qualify a claim made in such advertisement or to resolve ambiguity” in order to explain such claim in more detail. In addition, the Advertiser “should not attempt to conceal material information in respect of any claim made in such Ad, which is likely to be missed or absent.” The advertisement is misleading or conceals its commercial intent”, The guidelines require that the disclaimer should be visible to the general public and placed prominently so that the consumer can read it carefully.

The Guidelines also impose a fee on manufacturers, service providers and advertising agencies for not making claims and comparisons in an advertisement that pertains to matters of objectively verifiable facts. Furthermore, advertising should be designed to gain the trust of consumers and not to “abuse the trust of consumers or take advantage of their lack of experience or knowledge”.

Enforcement issues in existing advertising laws are addressed by guidelines as much as it does by imposing severe penalties. Guidelines are important to empower customers against mischievous advertisers. Advertisers should also draw inspiration from the guidelines and apply self-regulation to adhere to them. While the guidelines should be welcomed as a step in the right direction, there is a definite need to ensure that their implementation is ensured in the spirit with which they have been drafted.

GS Bajpai is the Vice-Chancellor of Rajiv Gandhi National Law University, Punjab; Contributions of Sangeeta Tak and Ankit Kaushik are acknowledged