CCPA issues Guidelines to Prevent Misleading Advertisements.

CCPA issues Guidelines to Prevent Misleading Advertisements.

The penalty imposed for any contravention of these guidelines is provided under Section 21 of the Consumer Protection Act, 2019.

The Central Consumer Protection Authority issued the "Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022" to prevent false, misleading advertisements and endorsements.

These guidelines apply to all advertisements regardless of form, format, or medium; a manufacturer, service provider, or trader whose goods, product, or service is the subject of an advertisement, or to an advertising agency or endorser whose service is availed for the advertisement of such goods, product or service.

Key points:

1. Conditions for non-misleading and valid advertisements: The guidelines highlight conditions for an advertisement to qualify as truthful and honest. Additionally, it provides that if there occurs any unintentional lapse to fulfil a promise mentioned in an advertisement due to mass manufacturing and distribution of goods, it will not invalidate such advertisement.

2. Bait advertisement- It provides conditions for bait advertisements. A bait advertisement means an advertisement where goods or services are offered at low prices to attract consumers.

3. Surrogate advertisements-Guidelines prohibit any advertisements for goods or services which are restricted by law.

4. Children targeted advertisement- surrounding the sensitivity to children targeted advertisements, the CCPA issued guidelines to safeguard children from harmful advertisements.

5. An "advertiser" is defined as a person who designs, produces, and publishes advertisements either by his effort or by entrusting them to others to promote the sale of his goods, products, or services and includes a manufacturer and service provider of such goods, products or services

These guidelines have been issued by CCPA in the exercise of its power conferred under Section 18 of the Consumer Protection Act, 2019.

The Guidelines have come into effect on 9 June 2022.