How to file complaints against misleading advertisements?

Misleading advertisements, which make false or deceptive claims to attract customers, are a violation of consumer rights under the Consumer Protection Act, 2019. These ads may exaggerate the benefits of products or services, conceal important information, or make false promises about the results a consumer can expect. Such advertisements can mislead consumers into making purchasing decisions based on false assumptions. Fortunately, consumers have the right to file complaints against such deceptive practices and seek redressal through various consumer forums.

Steps to File a Complaint Against Misleading Advertisements

• Identify the Misleading Advertisement
  Before filing a complaint, it’s important to verify that the advertisement is truly misleading or deceptive. Some common examples of misleading ads include:
• False claims: Ads that promise results that are unrealistic or not achievable (e.g., weight loss claims without scientific backing).
• Hidden disclaimers: Important terms and conditions are hidden or not clearly stated in the advertisement.
• Exaggerated benefits: Overstating the effectiveness of a product (e.g., claiming a skincare product can remove wrinkles permanently).
• False pricing: Advertisements that offer products at discounted prices but don’t reflect the actual price or availability.
• Gather Evidence
  To file a complaint, you’ll need evidence of the misleading advertisement. This could include:
• A copy of the advertisement (printed or digital) showing the misleading claim.
• Screenshots of the advertisement (in case of online ads).
• A record of the purchase made based on the advertisement, including invoices, receipts, and communication with the company.
• Any medical reports or consumer feedback showing that the claims were false or led to consumer harm (e.g., health issues, financial loss, etc.).
• Contact the Advertiser or Seller
  Before filing an official complaint, you can try to resolve the issue directly with the company or advertiser. Many companies have customer grievance redressal mechanisms in place. Inform them about the misleading ad and ask for a resolution (refund, compensation, or removal of the ad). Keep all communication records for later use.
• File a Complaint with the Advertising Standards Council of India (ASCI)
  In India, the Advertising Standards Council of India (ASCI) is the self-regulatory body for the advertising industry. ASCI has a Consumer Complaints Council (CCC) that reviews complaints about misleading or false advertisements. The steps to file a complaint with ASCI include:
• Visit the ASCI website: Go to ASCI’s official site and fill out the complaint form.
• Provide details: You’ll need to provide details about the advertisement, such as where it appeared (TV, print, online), the advertiser’s name, the claim made, and why you consider it misleading.
• Submit evidence: Attach any relevant evidence, such as screenshots, receipts, and documents showing the false or misleading claims.
• Wait for ASCI’s review: ASCI will review the complaint and may ask the advertiser to modify or withdraw the ad if it is found to be in violation of advertising standards.
• File a Complaint with the Consumer Forum
  If the issue is not resolved by the advertiser or ASCI, or if you are seeking compensation, you can file a complaint with the consumer court under the Consumer Protection Act, 2019. The steps to file a complaint are as follows:
• Choose the right forum:
  If the compensation is below ₹20 lakh, file with the District Consumer Forum. If the compensation is above ₹20 lakh but under ₹1 crore, approach the State Consumer Commission. For complaints exceeding ₹1 crore, the National Consumer Commission should be approached.
• File the complaint:
  Complete the complaint form available at the respective consumer forum (online or in-person). Provide details about the misleading advertisement, your purchase (if applicable), and the damage caused by the false claims.
• Attach supporting documents:
  Include evidence of the misleading advertisement, purchase details, and any communication with the advertiser.
• Pay the filing fee:
  A nominal fee will be required to file the complaint, which varies based on the compensation amount.
• File a Complaint with the Ministry of Consumer Affairs (India)
  The Ministry of Consumer Affairs in India also receives complaints related to unfair trade practices, including misleading advertisements. Consumers can approach the National Consumer Helpline (NCH) at 1800-11-4000 for assistance in filing a complaint.

Possible Outcomes After Filing the Complaint

• Advertisement Removal or Correction
  The consumer forum or ASCI may order the advertiser to remove or modify the misleading advertisement. If found guilty, the company may be required to issue a public apology or correct the misleading claims.
• Refund or Compensation
  If the misleading advertisement led to financial loss or harm, the consumer may be entitled to compensation, including:
• Refund for the product purchased based on false advertising.
• Compensation for health damages, emotional distress, or financial loss.
• Punitive Action
  In cases where the company is found guilty of repeatedly misleading consumers or engaging in unethical practices, punitive actions such as fines or penalties may be imposed. This helps deter such practices in the future.
• Legal Orders
  If the complaint is substantiated, the consumer forum may issue orders directing the advertiser to compensate the consumer, stop further dissemination of the misleading ad, or pay damages.

Example

• A consumer comes across an advertisement for a weight-loss supplement that promises rapid weight loss without exercise. The advertisement claims Lose 10 kg in 2 weeks without any diet or exercise, but after using the product for a month, the consumer sees no results and experiences stomach issues.
• Steps the consumer should take:
• Gather evidence: Take screenshots of the advertisement, record the claim made, and retain the purchase receipt.
• Contact the advertiser: Inform the company about the misleading advertisement and request a refund or compensation.
• File a complaint with ASCI: If no resolution is reached, file a complaint with ASCI, attaching evidence of the ad and the product’s failure.
• File with the Consumer Forum: If needed, escalate the matter to a District Consumer Forum for compensation related to health issues caused by the product and the misleading ad.

Conclusion

• Consumers who come across misleading advertisements have several avenues for recourse. Whether through the Advertising Standards Council of India (ASCI) or consumer forums under the Consumer Protection Act, they can seek redressal, demand a refund, compensation for health issues, or even penal action against the advertiser.