How to file a complaint against misleading health product claims online?

With the growing popularity of online shopping, especially for health and wellness products, consumers are often misled by exaggerated claims about the effectiveness, benefits, and safety of these products. Misleading claims like cures all diseases, instant weight loss, or clinically proven without supporting evidence can deceive consumers into purchasing products that may not be effective or even safe. To protect consumers from such misleading health claims, laws like the Consumer Protection Act, 2019, and regulations from the Advertising Standards Council of India (ASCI) provide mechanisms for filing complaints and seeking redressal.

Steps to File a Complaint Against Misleading Health Product Claims

Identify the Misleading Claim:

• Exaggerated benefits: Claims that the product can cure, prevent, or treat diseases without scientific backing.
• False certifications or endorsements: The product may falsely claim to be FDA approved or endorsed by medical professionals.
• Lack of evidence: The product may claim to have scientific studies supporting its effectiveness, but such studies are either nonexistent or unverified.

Contact the Seller or Platform:

• Initial step: Contact the online seller or the platform (e.g., Amazon, Flipkart, or a dedicated e-commerce website) through their customer service or support channels.
• Provide evidence: When reporting, include evidence like screenshots, advertisements, or product descriptions that show the misleading claims.

File a Complaint with the Advertising Standards Council of India (ASCI):

• The ASCI is a self-regulatory body for advertising in India and plays a key role in ensuring that advertisements (including online ads) follow ethical practices.
• If the product’s advertising makes misleading claims, consumers can lodge a complaint with ASCI using their online complaint portal at www.ascionline.org.
• Complaint procedure:
• Visit the ASCI website and choose the appropriate category (misleading health claims, false advertising).
• Provide details of the ad, the product in question, and how it is misleading.
• ASCI will investigate and if the complaint is valid, they will ask the advertiser to remove or modify the claim.

Approach the Consumer Forum:

• If the complaint is not resolved by the seller, platform, or ASCI, the next step is to file a formal complaint in a Consumer Forum (District, State, or National level).
• Under the Consumer Protection Act, 2019, consumers can seek compensation for harm caused by deceptive advertising and false claims.
• The Consumer Forum can take action against the seller for unfair trade practices, and consumers may receive a refund, compensation, or product replacement.

File a Complaint with the Food and Drug Administration (FDA) or FSSAI (If Applicable):

• If the product is a food supplement, medicinal product, or herbal product, it may be subject to regulation by the Food Safety and Standards Authority of India (FSSAI) or the FDA.
• Consumers can file complaints about unsafe or non-compliant health products with these agencies. These authorities regulate product labels, claims, and ensure that no false health benefits are advertised without evidence.

Complaint to the Consumer Protection Authority (CPA):

• The Consumer Protection Act, 2019 establishes a Central Consumer Protection Authority (CCPA) to act against unfair trade practices. Consumers can lodge complaints with the CCPA for misleading health products.
• The CCPA has the power to issue guidelines, take preventive action, and penalize companies that engage in misleading marketing practices.

Take Legal Action:

• If the misleading claims are severe or result in harm, consumers can also take legal action against the company for fraud or defamation.
• Civil or criminal cases can be pursued if the consumer faces significant financial loss or health risks due to misleading product claims.

Legal Framework for Addressing Misleading Health Claims

Consumer Protection Act, 2019:

• This Act protects consumers from unfair trade practices, including false advertising and misleading claims about health products.
• Section 2(1)(r) defines unfair trade practices as including misrepresentation or misleading advertisements, allowing consumers to seek redressal for deceptive marketing.
• Consumer Forums under this Act can order compensation for mental agony, health damage, or financial loss caused by deceptive health products.

Advertising Standards Council of India (ASCI):

• ASCI is responsible for enforcing advertising codes and ensuring that health-related product ads do not make false claims.
• ASCI’s Code for Self-Regulation in Advertising specifically requires that health-related products must provide substantiated evidence for all claims made in advertisements.
• Misleading claims can be reported directly to ASCI, which can then take action against the advertiser.

Food Safety and Standards Authority of India (FSSAI):

• If the product in question is a health supplement or food product, the FSSAI regulates the labeling and advertising to prevent false health claims.
• The FSSAI (Food Safety and Standards Act, 2006) ensures that no food or health-related product is marketed with unverified claims.

Steps for Consumers to File Complaints

• Gather Evidence: Screenshots of misleading ads, product claims, or customer reviews.
• Copy of the product label and product description showing the misleading claims.
• Contact the Seller/Platform: Use the customer service channels on the website or app where the product was purchased. Provide all necessary details, including the misleading claim.
• File Complaint with ASCI: Visit www.ascionline.org, fill in the required details, and upload supporting evidence of the misleading advertisement.
• Approach Consumer Forum: If no resolution, file a complaint with the Consumer Forum or CCPA for legal recourse.
• File with FDA/FSSAI (If Applicable): If the product is classified as a health supplement or medicinal product, file a complaint with the FDA or FSSAI.

Example

Scenario: A consumer buys a weight loss supplement online that claims to help lose 10 kg in 7 days without any exercise. The consumer experiences no weight loss and later discovers the claims were not backed by any scientific evidence.

• Contact the Seller: Report the issue to the online seller and request a refund or product return.
• File with ASCI: Submit a complaint to ASCI citing that the product made unsubstantiated weight loss claims.
• Approach Consumer Forum: If the claim is not removed or addressed, file a formal complaint with the Consumer Forum seeking compensation for the misleading claims.
• Report to FSSAI (If Health Supplement): If it’s a dietary supplement, file a complaint with FSSAI for violating health claims regulations.

Conclusion

• Consumers are empowered to file complaints against online sellers or platforms for misleading health product claims under the Consumer Protection Act, 2019, ASCI guidelines, and FDA/FSSAI regulations.
• By following the proper channels platform support, ASCI, Consumer Forum, and regulatory authorities consumers can seek redressal for deceptive marketing practices and hold companies accountable for false advertising.