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New Guidelines Against Misleading Advertisements

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    New Guidelines Against Misleading Advertisements

    The Centre has announced a new set of guidelines for advertisements preventing misleading ads by Celebrities.New Guidelines Against Misleading Advertisements

    Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Key takeaways:

    • An advertisement shall be considered to be valid and not misleading:
    • If it contains truthful and honest representation;
    • Does not mislead consumers by exaggerating the accuracy
    • A bait advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered.
    • No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.
    • A free claims advertisement shall not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable costs.
    • An advertisement that addresses or targets or uses children shall not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty.
    • The endorsers have to make material connection disclosures and failing to do so will attract penalty under the Consumer Protection Act (CPA).
      • Material disclosures mean any relationship that materially affects the weight or credibility of any endorsement which a reasonable consumer would not expect.

     

     

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