The government on Friday came out with new guidelines to check misleading advertisements, including those targeting children and making free claims to entice consumers. The guidelines also specify that due care should be taken while placing advertisements in advertisements.
The new guidelines notified by the consumer affairs ministry – which have come into force with immediate effect – also prohibit surrogate ads and bring transparency in disclaimers in advertisements.
Announcing the guidelines, Consumer Affairs Secretary Rohit Kumar Singh said: “There is a lot of interest in advertisements for consumers. There are provisions under the CCPA Act to deal with misleading advertisements affecting the rights of consumers.
“But to make it more clear, clear and aware for the industry, the government has issued guidelines for fair advertising from today,” he said. The guidelines will be applicable to advertisements published on all platforms such as print, television and online.
Action will be taken against the violation of the new guidelines as per the provisions of the Central Consumer Protection Act (CCPA).
Stating that these guidelines will not bring about change overnight, the secretary said, however, it gives a framework to the industry stakeholders to prevent misleading advertisements by mistake and also to consumers and consumer organizations to file complaints against misleading advertisements. will also empower
The Secretary also mentioned that these guidelines would be applicable to Government advertisements as well. Advertisement Guidelines for Self-regulation issued by the Advertising Standards Council India (ASCI) will also happen in a parallel manner.
Elaborating on the guidelines, Nidhi Khare, Chief Commissioner of CCPA and Additional Secretary in the Ministry of Consumer Affairs, said: “The CCPA has taken action against misleading advertisements during the pandemic. We felt that there is a need for guidelines, so that stakeholders are aware of them and do not violate without knowledge.”
The new guidelines clearly define what is meant by ‘misleading advertisement’ and provide various criteria to consider an advertisement as valid and non-misleading, she said.
It also provides clarity on ‘bait’ ads and ‘free claims’ ads, while prohibiting ‘surrogate’ ads or indirect ads. Fodder advertising refers to an advertisement in which goods, products or services are offered for sale at a low price to attract consumers.
In addition, the guidelines set out the conditions to be complied with while issuing feed advertising and free claims advertisements, enumerating the various factors to be considered in publishing advertisements specifically targeting children. Is.
Khare said the advertisement “should not be intended to develop a negative body image in children or to give an impression that such goods, products or services are superior to natural or conventional food that children can consume.”
In addition, the guidelines provide for various duties of the manufacturer, service provider, advertiser and advertising agency. In the case of claims based on such research or assessment or in endorsed advertisements, they are asked to indicate the source and date of the independent research or evaluation.
Khare said, “Any endorsement must reflect the actual, reasonably current opinion of the individual, group or organizations represented and be based on sufficient information or experience regarding the goods, product or service identified.” “
He said that where Indian professionals are prohibited under any law from advertising in any advertisement, foreign professionals of such profession are not allowed to endorse in such advertisements.
In order to bring transparency in the disclaimers in advertisements, the guidelines specify the Company not to refute material claims made in advertisements and not to attempt to conceal material information in respect of any claims made in such advertisements.
The Guidelines also provide for the disclosure of material connections. “If any relationship exists between the endorser and the trader, manufacturer or advertiser of the endorsed product that may affect the value or credibility of the endorsement and the connection is not reasonably expected by the audience, such connection shall should be fully disclosed in making the support,” Khare said.
Highlighting the steps taken by the CCPA, Khare said, so far the regulator has issued 113 notices, out of which 57 notices are for misleading advertisements, 47 notices related to unfair trade practices and nine for violation of consumer rights. Following the notice, 14 companies have withdrawn their advertisement, with maximum companies claiming more than 99 percent efficacy against COVID/germs.
He said that three companies have issued corrective advertisements, one company has changed its refund/replacement policy for the benefit of consumers and also has penal provisions for its vendors in case of any deficiency.
He said a fine of Rs 10 lakh has been imposed on three companies for misleading advertisements and Rs 1 lakh has been imposed on three companies for unfair trade practice.
read all breaking news , today’s fresh news And IPL 2022 Live Updates Here.