Can You Sue a Brand for False Advertising in India? A Complete Legal Guide

Introduction

The influence of advertisements on consumer choices is undeniable. Every day, we are bombarded with advertisements that shape our buying decisions. However, not all advertisements are honest. Many brands make exaggerated claims, conceal important information, or misrepresent facts to lure consumers into buying their products. False advertising can mislead consumers and, in some cases, even cause financial loss or health hazards.

A classic example is the advertising of fairness creams that promise instant skin lightening. Similarly, many health and nutritional supplements claim unrealistic benefits without any scientific backing. In India, the law provides avenues for consumers to take legal action against such misleading advertisements. This guide explains how consumers can hold brands accountable for false advertising, what legal provisions apply, and how to seek justice.

Understanding False Advertising in India

False advertising refers to promotional activities that contain misleading, deceptive, or untrue statements about a product or service. It can take various forms, including:

• Exaggerated Claims: Promising unrealistic benefits, such as “Get fair in just seven days” or “Lose 10 kg in a month without dieting.”

• Omissions and Concealment: Hiding crucial information, such as side effects of a medicine.

• Comparative Misrepresentation: Claiming superiority over competitors without valid proof.

• Fake Endorsements: Using celebrities or influencers who do not actually use the product.

• Deceptive Pricing: Displaying fake discounts or hidden charges.

Legal Provisions to Combat False Advertising

There was a time when no comprehensive law existed to regulate misleading advertisements in India. Courts and regulatory authorities addressed complaints on a case-by-case basis. However, today, multiple laws provide remedies against false advertising, including:

1. Consumer Protection Act, 2019

2. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

3. Food Safety and Standards Act, 2006

4. Cable Television Networks (Regulation) Act, 1995

5. Insurance Regulatory and Development Authority (IRDA) Regulations

6. Telecom Regulatory Authority of India (TRAI) Guidelines

7. Advertising Standards Council of India (ASCI) Regulations

Let’s explore each of these in detail.

Consumer Protection Act, 2019: A Powerful Tool for Consumers

Under the Consumer Protection Act, 2019, a consumer can take action against a brand for false advertising. The Act considers false advertising an unfair trade practice and provides the following remedies:

• Refund of money equivalent to the product’s price.

• Compensation for any loss or injury suffered.

• Corrective advertising orders, where the advertiser is directed to issue a public correction.

• Punitive damages and litigation costs if the false advertisement caused harm.

A consumer can file a complaint before the Consumer Disputes Redressal Commission at the district, state, or national level, depending on the case’s monetary value.

How to File a Complaint?

To file a case under the Consumer Protection Act, follow these steps:

1. Gather Evidence: Save copies of advertisements, receipts, and proof of misleading claims.

2. Draft a Complaint: Include the brand’s name, misleading statements, and the harm caused.

3. Approach the Consumer Forum: File the complaint with the relevant Consumer Disputes Redressal Commission.

4. Legal Representation: If needed, consult a consumer rights lawyer.

Other Legal Remedies for False Advertising

1. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

This Act prohibits misleading advertisements related to drugs, medicines, and magic remedies. If a brand falsely claims that a product can cure an illness, consumers can file complaints under this law.

2. Food Safety and Standards Act, 2006

The Food Safety and Standards Authority of India (FSSAI) regulates food advertisements. If a food product claims to have health benefits without scientific backing, action can be taken under this Act.

3. Cable Television Networks (Regulation) Act, 1995

This Act regulates misleading advertisements on TV channels. The Ministry of Information and Broadcasting monitors ads that violate advertising guidelines.

4. Insurance Regulatory and Development Authority (IRDA) Regulations

If an insurance company misrepresents policy benefits, consumers can file complaints with IRDA.

5. Telecom Regulatory Authority of India (TRAI) Guidelines

Misleading offers by telecom companies fall under TRAI regulations. Customers can complain to TRAI for deceptive mobile recharge plans or broadband advertisements.

Advertising Standards Council of India (ASCI): A Self-Regulatory Body

The Advertising Standards Council of India (ASCI) monitors advertisements to ensure ethical standards. Consumers can file complaints against misleading advertisements through ASCI. Although ASCI does not impose legal penalties, it can direct advertisers to withdraw misleading ads.

How to File a Complaint with ASCI?

You can submit a complaint in the following ways:

• Online: Visit www.ascionline.org and fill out the complaint form.

• Email: Send an email to asci@vsnl.com.

• Call: Dial 022-23513982 (Mumbai office) or 1-800-22-2724 (toll-free number).

• Post: Write to The Secretary-General, ASCI, 219 Bombay Market, Tardeo, Mumbai 400034.

Who Can File a Complaint?

• Any consumer affected by misleading advertisements.

• Government authorities and consumer organizations.

• Competitor brands.

• Suo moto complaints from ASCI members.

Landmark Cases on False Advertising in India

1. HUL vs. Emami (Fairness Creams Dispute)

Two major brands, Hindustan Unilever Limited (HUL) and Emami, had a legal dispute over fairness cream advertisements. HUL accused Emami of misleading claims, and the case highlighted the need for stricter advertising regulations.

2. Patanjali vs. FSSAI (Misleading Health Claims)

Patanjali Ayurved was accused of making misleading claims about its food and medicine products. The FSSAI intervened and took action against the brand.

3. Nestlé Maggi Ban (Misrepresentation of Ingredients)

Nestlé India’s Maggi noodles were banned in 2015 due to misleading claims about lead content. This case set a precedent for stricter food advertising regulations.

Conclusion: Protecting Consumer Rights Against False Advertising

False advertising is a growing concern in India, affecting consumers' financial and health well-being. However, legal provisions empower consumers to take action against deceptive brands. If you have been misled by false advertisements, you can seek justice through:

• Consumer Protection Act, 2019 (monetary compensation and corrective ads)

• ASCI complaint (removal of misleading ads)

• Industry-specific regulators (FSSAI, IRDA, TRAI, etc.)

• Legal action in consumer courts

Always stay vigilant while purchasing products and be aware of your legal rights as a consumer. Misleading advertisements should not go unchecked—empower yourself and take action!

Need Legal Help? Consult a top civil lawyer in India to guide you through false advertising claims and consumer protection laws.