How to file a complaint against misleading advertisements?

Misleading or false advertisements can have serious consequences for consumers, leading to financial loss, wrongful purchases, or deceptive marketing practices. To protect consumers from such deceptive ads, the Consumer Protection Act, 2019 was amended to address the issue of misleading advertising and to provide a mechanism for consumers to file complaints against such practices. Regulatory bodies like the Central Consumer Protection Authority (CCPA) and the Advertising Standards Council of India (ASCI) play an essential role in regulating and addressing misleading advertisements.

Procedure for Filing a Complaint Against Misleading Advertisements

Approach the Advertiser First

• Before filing a formal complaint, it is advisable to contact the advertiser directly. This allows the opportunity to resolve the matter at an initial stage, particularly in cases where the misleading nature of the ad was unintentional or can be corrected easily.
• Request clarification or a correction from the company, and keep a record of your communication.

File a Complaint with the Central Consumer Protection Authority (CCPA)

The CCPA, established under the Consumer Protection Act, 2019, is the primary body that deals with consumer complaints related to misleading advertisements and unfair trade practices.

How to File a Complaint with CCPA:

• Visit the official CCPA website.
• Create an account and submit a complaint online by providing details about the advertisement (including the media platform, date, and specific misleading claims).
• Attach relevant documents, such as screenshots of the advertisement, promotional material, or any proof of damage caused due to the misleading ad.
• The CCPA will investigate the issue and take action if the advertisement is found to be false or misleading, including issuing a warning, penalties, or requiring a correction or withdrawal of the ad.

Approach the Advertising Standards Council of India (ASCI)

The Advertising Standards Council of India (ASCI) is a self-regulatory body for the advertising industry, which oversees complaints related to misleading or deceptive advertisements. ASCI’s role is to ensure that ads are truthful, honest, and do not mislead consumers.

How to File a Complaint with ASCI:

• Visit the ASCI website.
• Fill out the online complaint form by providing details such as the advertisement in question, the nature of the complaint, and any evidence (e.g., video, print, or online ad).
• ASCI will review the complaint and, if the ad violates their Code of Advertising Practice, they will notify the advertiser to modify or withdraw the misleading advertisement.
• ASCI’s role: While ASCI does not have the power to enforce penalties, it can recommend that misleading ads be pulled down or corrected.

File a Complaint with Consumer Forums or Commissions

If the issue is not resolved by CCPA or ASCI, consumers can approach the consumer forums (District, State, or National Consumer Commissions).

Steps to File a Complaint with Consumer Forums:

• Draft a complaint letter explaining the misleading advertisement, how it impacted you, and the relief you seek.
• Attach evidence, such as a copy of the ad, purchase receipts (if applicable), and any correspondence you’ve had with the advertiser.
• Submit the complaint to the District Consumer Forum (for claims under ₹1 crore) or higher commissions for more significant claims.
• The consumer forum will hear your case and issue a judgment, which may include monetary compensation or a direct order to the advertiser to stop or amend the misleading ad.

Social Media Complaints

In cases where formal complaints have not led to a resolution, consumers may also publicly call out the advertiser on social media platforms like Twitter, Facebook, or Instagram.

• Many companies are sensitive to their public image and may be prompted to act if the issue gains social media attention.
• Be careful to only share factual details and avoid defamatory language.

Regulatory Bodies Involved in Misleading Advertisement Complaints

Central Consumer Protection Authority (CCPA)

As mentioned, the CCPA is a governmental body that handles complaints of misleading advertisements under the Consumer Protection Act, 2019.

• The CCPA can take action against false advertising, such as issuing warnings, fines, or requiring the advertiser to withdraw or amend the advertisement.

Advertising Standards Council of India (ASCI)

ASCI is a self-regulatory industry body that reviews complaints regarding misleading advertisements.

• Although ASCI cannot impose legal penalties, it encourages ethical advertising practices and helps protect consumers from deceptive marketing. If an ad violates ASCI's code, it can be removed or corrected.

Consumer Forums (District, State, National)

If you seek compensation or have a legal dispute with the advertiser regarding misleading advertisements, you can file a complaint with a consumer forum for relief. These forums have the authority to order compensation and direct action against the advertiser.

Ministry of Information and Broadcasting (MIB)

In certain cases, if the misleading advertisement involves broadcast media, the MIB may intervene to regulate the content under broadcasting guidelines.

Example: Filing a Complaint Against a Misleading Advertisement

Case: A Consumer Sees an Advertisement Claiming that a Health Supplement Can Cure Diabetes in Two Weeks

• The consumer first contacts the company and requests a refund, but receives no response.
• The consumer then files a complaint with the CCPA and submits evidence of the misleading ad and the harm caused by the product.
• The CCPA investigates the complaint and issues a warning to the company, ordering them to withdraw the advertisement and refund the consumer’s money.
• The consumer also files a complaint with ASCI to ensure that the company adheres to ethical advertising practices.

Outcome:

• The company removes the misleading ad.
• The consumer receives a refund and compensation for the emotional distress caused by the misleading claims.

Conclusion

Filing a complaint against misleading advertisements is a process that involves multiple avenues for consumer protection under the Consumer Protection Act, 2019. Consumers can approach the CCPA, ASCI, or consumer forums depending on the severity of the issue. By using these platforms, consumers can seek redress for harm caused by false claims, ensuring that advertisers are held accountable for deceptive marketing practices.