misleading advertisements- as an offence ?
WHATSAPP 91-8075113965
(Querist) 25 February 2011
This query is : Resolved
sirs,
now-a-days, we see a lot of mis-leading advertisements , mainly on cosmetics and ayurvedic medicines.
how far these mis-leading advertisements amounts to an offence and under what Acts ?
whether Magical Remedies Act ,
Drugs and Cosmetics Act, etc are applicable to such offences ?
Is there any special forums to complain, against these sort of cheatings ?
Only the aggreived can file complaint or whether any body can move the law in motion, by loadging a complaint, in this matter ?
pls advise me sirs,
adv. rajeev ( rajoo )
(Expert) 26 February 2011
you can file a complaint before the consumer court, if you are suffered from the misleading advertisements.
Guest
(Expert) 26 February 2011
Regarding the question the answer is also in your question itself. Magical remedies act, is applicable. Also the consumer protection act will help to get action and compensation. IPC sections will also come into play when offence committed.
Basavaraj
(Expert) 26 February 2011
According to me: you can claim under Medical RemediesAct.
And I add something here to bust the matter.
1. False representation- Whoever being legally bound by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which his false, and which he either knows or believes to be false to does not believe to be true, is amounts to criminal offence and against the public justice.
2. Misleading advertisement – Any misleading advertisement and confusing the public by advertising unfair ad. The ad which against the codes and norms of ASCI. The said ad would lead to misunderstanding or incorrect decisions.
3. Illegal and dishonest: misleading advertisement is dishonest intention, to illegal advantage in the trade business. The ad is nothing but brainwash the customer and tempting to use their products, which is illegal and against the natural justice of law.
4. Leading to unfair trade practice or unfair competition:- Under the Monopolies And Restrictive Trade Practices Act,1969 (MRTP, Act) now it is merges with Competition Act, 2002. Section 36 A of this Act prohibits making any statement, whether orally or writing or by visible representation which falsely represents that the goods are of a particular standard, quality and makes a false or misleading representation concerning the need for, or services. Further gives to the public any warranty or Guarantee of the performance, efficacy or length of life of a product or of any goods that is not is not based on an adequate or proper test thereof.
5. Misleading advisement used unfair methods to make ad and create a mistaken belief that their goods or products are superior to those of other enterprises, the said methods sufficient to show that they mislead the general or relevant public.
6. The conduct of the companies is harm, cause and loss to the customer.
7. The ad is dishonest trade practice and claims made through advertising is misleading to the public.
8. Under section 2 (1) (r) of the Consumer Protection Act, 1986 is open to file complaint against the such misleading advertisement for unfair trade practice.
9. The advertisement should be within the bounds of generally accepted standards of public decency and propriety.
10. The Hon’ble Supreme Court in the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. This Act prohibits the advertisement of any diagnosis, cure, mitigation, treatment or prevention of certain diseases / disorders / conditions listed under the Schedule to this Act. There is a celebrated case law which falls under the ambit of this laws blatant violation it is Hamadard davakhana case. The facts of the case was a drug was advertised it have the quality to magically cure certain types of disease, which in fact was not so. The court held that these are misleading advertisement and the defendant had held liable.
11. Furthermore, all advertisers must have proof to support their claims made in advertisements.
12. In the event that false or misleading advertising causes harm or injury to customers or consumer.
13. Any persons or unions bringing a lawsuit against such advertisement, must prove that the advertisement is actually false or likely to mislead or confuse consumers.
Legal Options:-
We can try to litigate the issue through any person or unions or others:-
A. Complaint against companies :
1. Complaint to the ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI) against such misleading adds for unfair competitive advertisement or advertising. The Advertising Standard Council of India may be considered the ad as unclear and mislead or confusing to consumers.
2. Complaint copy could be downloaded from http://www.ascionline.org/.
B. PIL against such company:
1. The prima facie it is demonstrate that such ad is violated the Article 14 of Indian Constitution. Article-14-Equality before law-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
2. Under article 226 of Indian Constitution the Public Interest Litigation (PIL) shall be initiated against such company in High Court to prevent them from misleading advertising or ad.
Regards
Basavaraj
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 February 2011
There are so many crimes listed in law books but who will bell the cat.
Simple example - claiming cure against cancer and similar other problems is prohibited. Small time vaids are jailed. Baba ramdev is doing same but he is National Hero with 1100 hundred crores annual turnover.
Ajay Bansal
(Expert) 27 February 2011
Agreed with S.Ganesan.
Sarvesh Kumar Sharma Advocate
(Expert) 26 February 2011
