Misleading Advertisement And Its Implications: An Indian Scenario

Sunita Parui, Advocate, High Court of Judicature at Allahabad, Lucknow Bench, Uttar Pradesh

ABSTRACT

The landscape of advertising in India has evolved significantly, especially with the advent of digitalization and globalization. While advertisements serve diverse purposes—from promoting sales to advocating public health and political causes—the rise of misleading advertisements has become a concerning issue. This paper delves into the concept of misleading advertisements, defining them as presentations that create optimistic perceptions of a product or service, negatively impacting consumer expectations. Such practices, driven by profit motives, not only harm consumers but also tarnish the brand image and pose legal threats to businesses.

The implications of misleading advertisements are explored in depth, shedding light on their adverse effects on both consumers and businesses. Consumers face dissatisfaction, financial losses, and potential health risks due to deceptive product claims. Businesses, in turn, suffer from damaged brand images, legal repercussions, and the erosion of consumer trust. The paper also emphasizes the impact on employees, market competition, and the perpetuation of harmful stereotypes in society.

In the Indian context, the absence of a uniform statutory legislation governing advertising necessitates adherence to various laws related to specific industries. The Advertising Standards Council of India (ASCI) plays a crucial role in regulating advertising practices, ensuring honesty, compliance with laws, and maintaining public decency. The Consumer Protection Act of 2019 strengthens penalties for fraudulent practices, including misleading advertisements, empowering consumers to seek justice.