Question : Misleading Advertisements

(a) whether it is a fact that many companies are giving misleading advertisements about their products and if so, the details thereof;
(b) whether it is true that Indian Advertisement Standards Council of India (ASCI) has pointed out many such deceiving advertisements given by major companies, if so, the details thereof and the measures being taken by the Government in this regard;
(c) whether the Government plans to make stringent provisions in the current consumer protection laws to tackle misleading advertisements of food products as well as to fix liability on endorsers/ celebrities;
(d) whether the Government has included the word “Endorsement” in the body of the Consumer Protection Bill, 2015 as recommended by the standing committee and if so, the details thereof;
(e) whether the Government has also clarified the definitions relating to misleading, false and objectionable advertisements under the provision 2 (41) (f) of the above Bill and if so, the details thereof; and
(f) whether the Government intends to bring some punitive measures to be incorporated in the advertising code to cater to consumer interests and if so, the details thereof?

THE MINISTER OF STATE
CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(SHRI C. R. CHAUDHARY)

(a) & (b) : The Department of Consumer Affairs has launched a portal “Grievance against Misleading Advertisement (GAMA)” where a consumer can lodge a complaint against a misleading advertisement. From March, 2015 till date 4438 complaints have been received through this portal. The Advertising Standards Council of India (ASCI) processes the complaints received through this portal as per ASCI Code, based on an MoU signed between the Department and the ASCI. If a complaint is upheld, ASCI takes up the complaint with the company/agency concerned either for withdrawal or modification of the advertisement. In case of non-compliance of its orders, ASCI forwards the complaints to the regulators concerned for taking appropriate action.

(c ) to (f) : The Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution, which examined the Consumer Protection Bill, 2015, already introduced in Parliament, has recommended for stringent provisions to tackle misleading advertisement, as well as to fix liability on endorsers/celebrities. The recommendations of the Parliamentary Standing Committee are under consideration of the Government.

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