News Highlights
The Central Consumer Protection Authority (CCPA) recently issued guidelines to curb misleading ads
Key Features of the Guidelines
- The Guidelines fill significant consumer protection gaps while explicitly outlining advertiser duties.
- The guidelines attempt to discourage the promotion of illogical consumerism aimed at children.
- For far too long, the problem of misleading, bait, surrogate, and children-targeted advertising has gone unchecked
- The Guidelines defines certain terms such as Valid advertisement, Surrogate advertisement , advertisement targeting children
Guidelines defines ‘Valid’ advertisement
- The guidelines lay down the conditions for non-misleading and valid advertisements
- Non-Misleading/Valid Advertisement
- Advertisement containing true and honest representation of goods and does not exaggerate the accuracy, scientific validity or practical usefulness or capability are termed as Valid ads
- In the event of an unintentional lapse, the advertisement be considered valid if the advertiser took prompt action to inform the consumer of the deficiency.
Surrogate Advertisements
- “Surrogate advertisement” refers to the advertisement of goods in the shadow of other goods.
- For example, the advertisement of tobacco in the garb of pan masala.
- Advertising of tobacco is prohibited by law.
- Existing laws such as the Cigarettes and other Tobacco Products Act, 2003 already seek to govern advertisements related to tobacco
- However, manufacturers and advertisers are able to avoid regulation through the grey area created by a surrogate advertisement.
- These guidelines attempt to fill these grey areas by completely prohibiting any attempts to advertise products that are illegal under the law.
Guidelines to “Children targeted advertisements”
- Issue with Children targeted advertisements
- Children targeted advertisements, influence children’s purchasing behaviour and encourage them to consume unhealthy products or develop negative feelings toward healthy products.
- Which ads are Prohibited
- Advertisements that encourage, promote or unreasonably imitate behaviour that is dangerous to children or that takes advantage of children’s inexperience, credulity or sense of loyalty
- Advertisements of such products or services that claim any health or nutritional benefits without being scientifically recognized by an authentic body.
- Advertisers have to Avoid
- An advertisement may be considered as “children targeted” if it gives any impression that advertised goods, products or service is better than natural or traditional food.
- The guidelines also state that goods requiring a health warning should not be advertised by children or celebrities from music, sports, or film.
- Advertisements including “chips, carbonated beverages and such other snacks and drinks” shall not be cast on channels exclusively meant for children.
Bait Advertisements
- The guidelines lay down conditions to be complied with while issuing bait advertisements.
- Bait advertisement means an advertisement in which goods, products, or service is offered for sale at a low price to attract consumers.
Other Reforms
- Advertisements including “chips, carbonated beverages and such other snacks and drinks” shall not be cast on channels exclusively meant for children.
- The enforcement issues in existing advertisement laws have been addressed by the guidelines in as much as it imposes severe penalties.
Significance of the Guideline
- The guidelines perform an essential function in bringing the Indian regulatory framework at par with international norms and standards.
- Guidelines forbid advertisements from exaggerating the features of product or service in such a manner as to lead children to have unrealistic expectations of such product or service
- Similarly, clear Guidelines are laid for duties of manufacturer, service provider, advertiser and advertising agency, due diligence to be carried out before endorsing and others.
Way Forward
While the guidelines must be hailed as a step in the right direction, there is a definite need to ensure their implementation in the spirit they have been drafted with
Pic Courtesy: freepik
Content Source: The Hindu