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DAILY NEWS ANALYSIS
01 July, 2022
8 Min Read
MISLEADING ADVERTISEMENTS AND ROLE OF ENDORSERS IN ADVERTISING
Although a monetary penalty is provided for any misleading advertisement, but there are grey areas that need to be addressed.
INDIAN ADS THAT WERE FOUND TO BE MISLEADING
The Arihant mattress released an advertisement in a Gujarati newspaper that claimed that their mattress was ‘corona-resistant’. The owner of the mattress under laws including the Disaster Management Act, 2005 and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
The online advertisement claimed that eating chicken boosts immunity. The complaint was filed by People for the Ethical Treatment of Animals (PETA) and the Karnataka Poultry Farmers that the online ad be taken down.
Maggi noodles are one of the most popular food items, in advertisements, it is claimed that it is healthy for children. After tests carried out in various states, it was found that it contains monosodium glutamate and lead more than the prescribed limit. The matter was taken to the consumer court and an FIR was lodged against Madhuri Dixit, Preity Zinta, and Amitabh Bachchan for promoting this product.
Provision available against misleading advertisement
The act prohibits advertisements that make false claims of drugs to be magical in the prevention of any disease or disorder.
Violation of the provisions of the act leads to imprisonment up to 6 months or fine, or both.
The provision of the act deals with false advertisements related to food. The act prohibits publicity and advertisement through all media including electronic means. Violation of the act can attract a penalty of up to Rs 10 lakh.
There are various provisions like RULE 106 that can be invoked in case of false and misleading advertisements.
Other Preventive Measures
According to data released by AdEx India in 2022, celebrity endorsements saw a 44% rise in 2021 as compared to 2020.
Why do companies hire brand ambassadors for a product or a service?
Despite these acts and measures, misleading and false advertisements continue to display because of poor enforcement of laws and inadequacy of the law to deal with new forms of advertising which now appear on every digital platform.
Source: The Hindu
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