How To File A Complaint Against Misleading Advertisements?

Misleading advertisements are those that misrepresent products or services, causing confusion or deception among consumers. This could include false claims about the benefits, price, quality, or ingredients of a product or service. Such ads not only harm consumers but also violate ethical business practices. In India, the Consumer Protection Act, 2019, along with regulatory bodies like the Central Consumer Protection Authority (CCPA) and the Advertising Standards Council of India (ASCI), provides a framework for addressing misleading ads. Filing a complaint can help consumers protect their interests and hold businesses accountable.

Steps to File a Complaint Against Misleading Advertisements

Identify the Misleading Ad

• The first step is to carefully analyze the advertisement to determine whether it contains false claims or misrepresents the product. Some common examples of misleading ads include:
• False or exaggerated claims (e.g., This product will help you lose 10 kg in 7 days).
• Hidden charges or deceptive pricing.
• Claims that the product or service has benefits that it does not provide.
• Products labeled as free that require hidden payments or subscriptions.

Document the Advertisement

• Gather evidence of the misleading advertisement. This can include:
• Screenshots or photographs of the ad (in case of digital or print ads).
• Recordings of the ad (in case of TV or radio commercials).
• A copy of the product or service label, if applicable.
• Any promotional material, such as brochures or pamphlets.
• A copy of the bill or invoice, if the ad influenced a purchase decision.

Contact the Advertiser or Business

• Before escalating the matter to regulatory authorities, try to resolve the issue by directly contacting the company responsible for the misleading ad. Many businesses have customer care or complaint resolution departments. Clearly state your concern, provide the evidence, and request a resolution (e.g., an apology, removal of the misleading ad, or compensation).

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

• If the advertiser does not respond or resolve the issue, you can escalate the matter to the Central Consumer Protection Authority (CCPA). The CCPA, established under the Consumer Protection Act, 2019, is empowered to take suo-motu action (on its own) against misleading ads and unfair trade practices. Steps for filing a complaint with CCPA:
• Visit the CCPA portal (https://consumerhelpline.gov.in).
• Register your complaint online with the necessary details: the ad in question, the product or service being advertised, and the nature of the misleading information.
• The CCPA can order the removal of the ad, issue penalties, and take action against businesses engaged in deceptive advertising.

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

• Another key authority that handles complaints against misleading advertisements is the Advertising Standards Council of India (ASCI), a self-regulatory body for the advertising industry. The ASCI ensures that ads comply with ethical standards. To file a complaint with ASCI:
• Visit the ASCI website (https://ascionline.org).
• Submit an online complaint via their Consumer Complaints section. Provide details about the ad, why it’s misleading, and any supporting evidence.
• ASCI reviews the complaint and can recommend the withdrawal or modification of misleading ads. It can also alert the public and businesses to the issue.

Approach the National Consumer Disputes Redressal Commission (NCDRC)

• If the misleading ad has caused you financial loss or harm, you may choose to file a complaint with the National Consumer Disputes Redressal Commission (NCDRC), the highest forum for consumer disputes in India. To do this:
• File a formal complaint, detailing the misleading claims, the harm caused, and the compensation you seek.
• The NCDRC can issue orders for compensation, and in some cases, it may take action against the advertiser or business for unfair trade practices.

Lodge a Complaint with the State or District Consumer Forums

• If the issue is not resolved at the national level, you can approach State Consumer Disputes Redressal Commissions (SCDRC) or District Consumer Forums (DCDRC). These forums handle local or smaller complaints and can provide a faster resolution for grievances related to misleading ads.
• Consumers can file complaints in the respective State or District forums with the appropriate jurisdiction.
• The forum will review the complaint and pass a judgment based on the facts presented.

Consumer Safety Tips

• Verify Claims: Always check the authenticity of product claims by reading reviews or consulting credible sources before believing any advertisement.
• Report Ads Promptly: If you come across an ad that seems misleading, report it immediately to ASCI or CCPA.
• Retain Evidence: Keep copies or screenshots of any misleading advertisements to support your complaint.
• Avoid Impulse Purchases: Be cautious of ads that promise unrealistic results or offer products at too good to be true prices.
• Educate Yourself: Stay informed about consumer rights and laws governing advertising to identify misleading claims more easily.

Example

Scenario:

• A consumer sees an advertisement on TV claiming that a beauty cream will make you look 10 years younger in just one week, but after using the product for a month, there is no noticeable difference. The ad also failed to mention potential side effects.

Steps the consumer should take:

• Collect evidence: Take a screenshot of the ad and retain the product packaging.
• Contact the company: Write an email to the company’s customer service, explaining the misleading nature of the ad and requesting a resolution.
• If unresolved, file a complaint with ASCI by submitting the ad and evidence to them via their online portal.
• Escalate to CCPA if the business does not respond or remove the ad.
• File a formal complaint with NCDRC if the ad led to financial or emotional harm, seeking compensation or a refund.