Misleading Advertisements Case

Ayurveda

Unani

Siddha

Origin

Ancient India.

Ancient Greece

Ancient Tamil Nadu, India.

Philosophy

Harmony between the three doshas—Pitta, Kapha, and Vata—is necessary for optimal health.

The four humors—blood, phlegm, yellow bile, and black bile—must be in balance in order to sustain health.

The three humors—Pitham, Kabam, and Vatha—as well as the five elements—earth, water, fire, air, and space—are the foundation of Siddha medicine.

Treatment Plan

Herbal therapies, dietary recommendations, lifestyle adjustments, yoga, and meditation

Herbs, minerals, animal products, dietary adjustments and lifestyle adjustments.

Minerals, metals, plants, meditation, yoga, and dietary advice.

Laws & Regulations Against Misleading Advertisements in India

An advertisement is considered misleading when it misleads people from reality and influences their behaviour toward purchasing a product or service from the market.

• Consumer Protection Act, 1986: Section 2(1)(r) defines "Unfair Trade Practices" to include any false or deceptive information aimed at endorsing the sale or supply of goods and services. This encompasses unfair methods and practices.
• Central Consumer Protection Authority (CCPA) 2022 Guidelines aimed at preventing deceptive advertisements and endorsements. It applies to all advertisements, manufacturers, service providers, traders, advertising agencies, and associates.
  • Guidelines:
    • Ensure truthfulness and honesty in advertisements.
    • Avoid misleading information or exaggerated claims.
    • Ensure claims are not misleading and are aligned with market rules.
    • Permits bait advertising under specific conditions, focusing on transparency and fairness.
• Advertising Standards Council of India (ASCI) Code: Chapter 1 (4) prohibits advertisements from falsifying information or deceiving consumers through implication or omission.
• Food Safety and Standards Authority of India (FSSAI)
  • Food Safety and Standards Act, 2006:
    • Section 53: Makes deceptive advertisements punishable and requires that ads be truthful, practical, and scientifically substantiated.
    • Section 24: Prohibits misleading and deceptive advertising about food.
  • Food Safety and Standards (Advertisement and Claims) Regulations, 2018: Focuses on food and related products.
• Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
  • Section 4: Bans deceptive advertisements about drugs that falsely represent their true nature.
  • Section 5: Prohibits claims that magical remedies can treat specific diseases or disorders.
• ·         Legal Metrology Act, 2009: Section 11(1)(c) prohibits advertisements that do not use standard units of weights, measures, or numeration.
• ·         Legal Metrology (Packaged Commodities) Rules, 2011: Section 23(1) allows the seizure of products if the quantity or packaging is deceptive or misleading.
• ·         Cable Television Networks (Regulations) Act, 1995: Section 6 requires all advertisements to comply with the code specified by the Advertising Standards Council of India (ASCI).
• ·         Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003: Section 5 strictly bans the promotion of cigarettes and tobacco-related items in any form.