In today’s order, the Court also passed a slew of directions on the issue of misleading ads, including:
– Broadcasters or print media to file a self-declaration form before carrying any advertisements, assuring that the advertisement to be carried on its platform complies with Cable Network Rules, Advertising Code etc.
– Ministries need to set up a specific procedure which will encourage the consumer to lodge a complaint and for the said complaint to be taken to logical conclusion instead of simply being endorsed or marked.
– Persons who endorses a product should have adequate information or experience with specific food product to be endorsed, and it must be ensured that it is must not be deceptive.
– Celebrities and social media influencers will be equally liable for misleading ads, if they endorse any deceptive product or service.
– The Ministry of Consumer Affairs, Food and Public Distribution ordered to file fresh affidavit on action taken by Central Consumer Protection Authority (CCPA) on false or misleading ads, particularly in food and health sector.
– The Court took on record that the Central government has decided to withdraw an August 2023 letter putting on hold the invocation of Rule 170 of Drugs and Cosmetics Rules, 1945 against misleading AYUSH ads.
Source: Barandbench
