How to file complaints against misleading advertisements?

Advertising is a powerful tool used by companies to promote products and services. However, when advertisements misrepresent a product, make false claims, or exaggerate benefits, it can mislead consumers and lead to financial loss, confusion, or even health risks. Under the Consumer Protection Act, 2019, consumers have the right to file complaints against misleading advertisements and seek redress. In India, the Advertising Standards Council of India (ASCI) plays a vital role in regulating and ensuring ethical advertising practices.

What is a Misleading Advertisement?

• A misleading advertisement refers to any advertisement that:

Makes False Claims:

• Advertises a product with exaggerated or unverified claims, such as 100% effective without evidence.

Omits Important Information:

• Omitting critical details that could affect the consumer’s decision, such as hidden costs, side effects, or potential risks.

Depicts Unsubstantiated Results:

• Ads that show unrealistic or unproven results, like a miracle cure or instant weight loss product.

Bait and Switch Tactics:

• Advertising a product at an attractive price or with features that are not available when the consumer attempts to purchase it.

False Endorsements or Testimonials:

• Using fake celebrity endorsements, testimonials, or fake reviews to mislead consumers.

• Such advertisements deceive consumers into purchasing products or services they may not have bought had they been given accurate information.

How to File Complaints Against Misleading Advertisements?

• Consumers can file complaints against misleading advertisements through the following channels:

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

• ASCI’s Role: ASCI is an industry body that ensures advertisements are truthful and not misleading. They regulate advertisements in print, broadcast media, digital platforms, and even on billboards.

Process to File a Complaint:

• Visit the ASCI Website: Go to the ASCI website and navigate to the complaint section.
• Complaint Form: Fill out the complaint form, providing details such as the advertisement, the platform it aired on, and the reasons why the advertisement is misleading.
• Submit Proof: Provide evidence of the misleading advertisement (e.g., screenshots, video recordings, or print materials).
• Investigation: ASCI reviews the complaint, investigates, and if the advertisement is found to be misleading, it is either modified or withdrawn. ASCI can also issue warnings or take further action against the company.
• Outcome: ASCI may recommend changes to the advertisement or issue a public notice. They also have the power to ask advertisers to issue corrective advertisements.

Approaching the Consumer Forum:

• If the consumer feels harmed by a misleading advertisement, they can file a complaint in a consumer court (consumer forum) under the Consumer Protection Act, 2019.

Steps:

• Prepare Evidence: Collect copies of the misleading advertisement, proof of purchase, and evidence showing how you were misled.
• File a Complaint: Visit the district or state consumer forum to file a formal complaint. Provide details of the misleading advertisement and any financial or other losses incurred as a result.
• Remedies: If the consumer forum finds in favor of the complainant, it can issue orders for refunds, compensation for damages, or even direct the company to withdraw or modify the misleading advertisement.

Filing a Complaint with the National Consumer Helpline (NCH):

• The National Consumer Helpline (NCH) is an initiative by the Ministry of Consumer Affairs to assist consumers in addressing complaints and grievances.

Steps:

• Visit the NCH Website: Go to the National Consumer Helpline.
• Fill the Online Complaint Form: Provide details of the misleading advertisement and the product or service involved.
• Track the Complaint: The NCH will help resolve the issue by communicating with the company or service provider.

Approaching the Ministry of Information and Broadcasting (MIB):

• The Ministry of Information and Broadcasting (MIB) in India regulates advertisements in television, radio, and digital media.
• If you encounter misleading advertisements on these platforms, you can file a complaint with the MIB. This is typically done through the MIB's website or by contacting the ministry directly.

Consumer Protection under the Consumer Protection Act, 2019

• The Consumer Protection Act, 2019 provides a comprehensive framework to protect consumers from misleading advertisements. The Act includes provisions for:

Deficiency in Service:

• Misleading advertisements are considered a deficiency in service because they fail to provide accurate information.

Unfair Trade Practices:

• Any advertisement that misrepresents facts or exaggerates benefits is an unfair trade practice. Such practices are prohibited under the Act, and consumers can file complaints for redressal.

Compensation:

• Consumers who have been misled or harmed due to misleading advertisements can claim compensation for the loss incurred due to the product or service, as well as for mental or emotional distress.

What Compensation Can Be Claimed for Misleading Advertisements?

• Refund: If the misleading advertisement led to the purchase of a faulty or substandard product, consumers can claim a refund for the amount spent.
• Replacement: Consumers may ask for a replacement if the product did not meet the advertised specifications or benefits.
• Compensation for Loss or Harm: If the consumer has suffered financial loss or physical harm due to the misleading advertisement (e.g., health issues caused by a falsely advertised health product), they can claim compensation.
• Punitive Damages: In some cases, the consumer forum may award punitive damages to penalize the company for false advertising practices.
• Public Apology or Corrective Advertisements: In certain cases, the court may order the company to issue a public apology or run corrective advertisements to mitigate the misleading impact on consumers.

Example

• Scenario: A consumer sees an advertisement for a skincare product that promises to eliminate dark spots in just 7 days. The ad includes fake testimonials and before-and-after images that appear too good to be true. After using the product for a month, the consumer notices no change and develops irritation on their skin.

Steps to take:

• Report to ASCI: The consumer can file a complaint with ASCI by providing a copy of the advertisement, the product purchased, and evidence of the harm (e.g., photos of skin irritation).
• File a Complaint with the Consumer Forum: If the consumer feels financially or physically harmed, they can file a complaint in the consumer court for a refund, medical compensation, or damages.
• Claim Compensation: The consumer may request compensation for medical expenses and the emotional distress caused by the misleading ad.

Outcome:

• ASCI may order the advertisement to be taken down, and the consumer forum may order the company to refund the purchase price and compensate the consumer for any skin damage caused by the product.

Conclusion

• Consumers have several legal avenues to challenge misleading advertisements, from filing complaints with ASCI and consumer forums to contacting the National Consumer Helpline or Ministry of Information and Broadcasting. The Consumer Protection Act, 2019 provides the legal framework to address false claims and deceptive advertising practices, ensuring that consumers are protected from financial loss and harm caused by misleading marketing tactics.