Unable to find applicable guidelines while advertising sale of goods or services in India ?

The answers are available in the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements launched by Central Consumer Protection Authority on June 09, 2022.

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If you saw a misleading advertisement, then are you guilty ? No, all compliance to provision of Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements is adhered to by manufacturer, service provider or trader and advertising agency or endorser.

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Is a disclaimer mandatory in an advertisement ?

No. But a disclaimer in an advertisement provides legal protection, clarify information, and set expectations between advertisers and consumers.

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What are guidelines for a legal disclaimer in an advertisement ? Advertisement and disclaimer should be in same language, same font, that is clear, prominent and legible to be clearly visible to a normally-sighted person reading the marketing communication, from a reasonable distance and at a reasonable speed.

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Where to present a disclaimer in an voice over advertisement ? If the claim is presented as voice over, the disclaimer shall be displayed in sync with the voice over and at the same speed as that of original claim made in the advertisement;

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What is Bait advertising ? Bait advertisements are that entice consumers to purchase without a reasonable prospect of selling such advertised goods or services at the price offered;

Baid advertisements mislead consumers about the market conditions or the lack of their availability to induce consumers to make purchase at conditions less favourable than normal market conditions.

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Is a surrogate advertising permitted under the guidelines ? No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.

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Is there an restrictions on a junk foods advertisement ?

Yes, the guidelines expressly restricts junk foods to be advertised during a program meant for children or on a channel meant exclusively for children.

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Is advertisements prohibited only under this guidelines ?

No, advertisements are prohibited under other law also. These guidelines are in addition to other prohibitions under other specific laws

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Is advertisement guidelines has overriding provisions under special laws ?

No, provisions of the Press Council Act, 1978 and the Cable Television Networks (Regulation) Act, 1995 or the rules under other laws shall be in addition to and not in derogation of these guidelines.

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How to identify a misleading advertisement ? Advertisement is misleading if that has wrong representation, or does not complies with the provisions contained in any other sector specific law, or mislead consumers by exaggerating accuracy, scientific validity or performance of advertised item etc

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Is all misleading advertisement prosecutable ?

No, occasionally if any unintentionally errors occurs containing representation that holds true by a typical specimen advertised; or product failures is within an acceptable limits; or advertiser has taken immediate action to make good the deficiency.