The Supreme Court recently came down heavily on Baba Ramdev for violating its directives on misleading advertisements of Patanjali’s medicinal products even as the yoga guru, who was present in court, tendered an unconditional apology.
During the peak of the second wave of COVID-19, Ramdev’s controversial remarks criticising COVID-19 vaccinations and labelling allopathy as “stupid science” sparked outrage. The Indian Medical Association (IMA) filed a complaint against both Ramdev and Patanjali Ayurved, accusing them of defaming evidence-based medicine.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
Additionally, the IMA petitioned against the company’s advertisements, alleging that they made false claims regarding the cure of serious diseases. Ramdev’s comments on the COVID-19 vaccination campaign and modern medicine also drew criticism from the medical community.
This is not the first time the issue of misleading advertisements has made news. Food regulator FSSAI last year found 32 new cases where food business operators (FBOs) were found in violation of misleading advertisements and claims. These FBOs included manufacturers of refined oils, pulses, flours, millet products, ghee etc.
Advertisements, via both print and digital methods, act as a powerful medium for promotion of a product, brand or service.
The main objective of an advertisement is to inform the target consumers of the products and services being offered, convince them into believing that their facilities are finer than the rest and maintain awareness about their products/services in the minds of the prospective customers.
Owing to the immense competition in the market, the consequent pressure to attract more consumers, and the constant urge of traders to increase their sales, profits and business, the advertisers often resort to false and misleading campaigns without providing any scientific or clinical data to back their claims.
For example, advertisements on health care with unsubstantiated claims about curing HIV-AIDS or education advertisements with tall claims of job guarantees, etc.
These false advertisements can harm the health of the people and cause social biases in people who see them. The more deceptive the advertisement, the worse is the potential impact on the public.
In an effort to clamp down on persistent violations of advertising guidelines, India’s consumer protection authority is planning to “name and shame” such errant advertisers, two officials aware of the matter said.
Notices and orders issued against entities involved in misleading ads, such as coaching institutions or service providers, would be displayed on the website of the Central Consumer Protection Authority (CCPA) and that of its nodal ministry—the ministry of consumer affairs, food and public distribution.
In June 2022, to protect consumer rights against wider advertising issues, the CCPA notified the Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 with immediate enforcement.
The Guidelines provide added protection to consumer rights with clear and mandatory conditions for valid and non-misleading advertisements, and free claims advertisements.
Further, the Guidelines recognise and allow bait advertisement on fulfilling prescribed conditions, as well as provide mandatory requirements for disclaimers in advertisements, advertisement endorsements, and disclosure of connection between endorser and trader.
These Guidelines seek to keep advertisers in check against misleading or false advertising practices. For violation of provisions related to misleading advertisements under the Guidelines, the CCPA can impose a penalty of Rs 10 lakh on manufacturers, advertisers and endorsers.
There is also the new Consumer Protection Act, which was passed by Parliament in 2019. It came into force in July 2020 and replaced the Consumer Protection Act, 1986. This Act provides safety to consumers regarding defective products, dissatisfactory services, and unfair trade practices.
According to reports, the highest number of litigations in consumer courts are against builders for not delivering the flats after taking a booking amount or not providing the promised amenities. Insurance companies get sued for not clearing the claims while hospitals are often accused of negligence and over billing.
There are also private colleges and universities, who often get sued for delivering on their promises. Sometimes, many of these colleges which are advertised in the mass media channels, either don’t exist or don’t have the promised infrastructure or job placements.
While there are a number of laws and regulations that prohibit false and misleading advertisements, the major problem relates with the effective implementation of these Acts, as a result little or no action is taken. The cases in consumer courts drag on for years. By the time order comes, it is already too late and the damage is done.
The best option for consumers is to be more judicious while purchasing a product or service because all that glitters is not gold. Companies go all out to lie about their product by splurging money to make the advertisement look convincing, using digital technology.
Think before going for a product just on the basis of the tall claims made in advertisements. It is always prudent to check customer review ratings online and also personally speak to users of the product or service you want to buy. It is easier said than done, considering the 24×7 bombardment of advertisements through various mediums, including social media, it is difficult not to fall to the advertisement blitz. But it is a necessity.
Also, implementation of various laws have to be more effective and the justice should be delivered quickly and should be stringent enough to act as a strong deterrent against duping customers. There has to be fear of law amongst the offenders, otherwise legislations won’t mean anything.
