The Central Consumer Protection Authority has published a notification in the Gazette of India issuing the guidelines for preventing false or misleading advertisements and making endorsements. These guidelines may be called the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. They will be enforced on the date of its publication in the Official Gazette, i.e. 9 June 2022.
Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 are applicable to all advertisements regardless of form, format or medium and to manufacturer, service provider, or trader whose goods, product or service is the subject of an advertisement.
It suggests that an advertisement is valid if it contains truthful and honest representation and does not mislead consumers. The notification also includes the following guidelines:
- Conditions for bait advertisements
- Prohibition for surrogate advertisement
- Free claims advertisements
- Children targeted advertisements
- Advertisements prohibited by law
- Guidelines not in derogation of other laws
- Disclaimers in advertisements
- Duties of manufacturer, service provider, advertiser and advertising agency
- Due diligence required for endorsement of advertisements
Disclosure of material connection
Any dispute in the interpretation of these guidelines, the decision of the Central Authority will be final.