1/27/2024 0 Comments Sumaru in indiathe advertisement should not mislead consumers by omitting restrictions, including geographic restrictions and age-limit on the availability of the product.if the purpose of the advertisement is to assess potential demand, it should be clearly stated.if the estimated demand exceeds the supply, the advertisement should make clear that the stock is limited.the advertisement should state the reasonable grounds under which the advertiser might not be able to supply the advertised product within a reasonable period and in reasonable quantities.the advertiser should ensure that there is an adequate supply of the advertised product to meet foreseeable demand generated by the advertisement.the advertisement should not seek to entice consumers to purchase something without a reasonable prospect of selling the product at the price offered.The guidelines outline the following conditions for a bait advertisement, defined as an advertisement in which goods, products or services are offered for sale at a low price to attract consumers: An advertising agency or endorser whose service is availed for the advertisement of goods, products or servicesĬonditions for advertisements promising low prices.A manufacturer, service provider or trader whose goods, product or service is the subject of an advertisement.All advertisements regardless of form, format or medium.Sign up for our morning newsletter, with a “Free Read of the Day”, to experience MediaNama in a whole new way. Never miss out on important developments in tech policy, whether in India or across the world. While the Advertising Standards Council of India (ASCI) has tried to address some of these complaints by issuing guidelines, these are voluntary codes of conduct, unlike CCPA’s guidelines, which carry the force of law. Why it matters: Complaints against misleading advertisements have risen considerably over the last couple of years, especially against companies in the edtech and crypto sectors. The guidelines also lay out dos and don’ts for advertisers and endorsers, as well as what disclaimers in ads should contain. The Consumer Protection Act, 2019, under which the new guidelines have been issued, already defines and prohibits misleading ads, but the guidelines get into the specifics by regulating surrogate, free claims, and bait advertisements and ads targeting children. Such advertisements violate various rights of consumers such as right to be informed, right to choose and right to be safeguarded against potentially unsafe products and services,” CCPA stated in an accompanying press release. “The guidelines seek to ensure that consumers are not being fooled with unsubstantiated claims, exaggerated promises, misinformation and false claims. In a bid to curb misleading ads, the Central Consumer Protection Authority (CCPA) on June 9 notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.
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