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The first dangers might happen after false advertising, which blowing up the
ideas of healthy ingredients and benefits, low non-healthy ingredients or nanoparticles
and chemical ingredients, are concerning health. Fast foods (fried chicken, pizza,
spaghetti, burger), candies and ice cream products claim that they contain suitable
healthy ingredients for consumers like carbohydrate, protein, fat, vitamin and mineral
in good portion. The facts are usually contrary to the advertising, they often lead to
obesity for daily usage. Olive oil products claim organic-brand classified in their
packages even yoghurt products claim might help digestion and boost immunity for
daily usage. They are all sued because of false advertising. Some of cigarettes products
claim the light or mild ingredient of lower tar and nicotine. Many people believe and
buy on the reason of minimizing the effect of smoking and gaining less health-risk. The
reality is smokers still yield about the same amount of smoke, tar and nicotine as regular
brands. After foods and cigarettes, we still have cosmetics. Natural, botanical, organic
cosmetics are usually claimed by several brands, which might be one of the reasons for
consumers to buy, yet it does not mean one-hundred-percent guarantee towards our
health. They still do not show transparent information about nanoparticles being used
in cosmetics which may directly or indirectly affect human health in their anti-wrinkle
creams and sun screens products. Those nanoparticles might contain carcinogens,
mutagens, reproductive toxins and few hundred other chemicals with long-term even
short-term effects. By those all proofs, consumers have to be aware of the dangers in
health of such false advertising or years later they might suffer from cancer as the
cumulative dangerous impact of the products.
Other dangers are concerning safety on the consumers which are in automotive
features, healthcare alternative practice and diet pills. Today’s new vehicles highlight
safety by simply listing the safety features included. The findings are not save even saver
that they should be. The automobile directly causes some 40,000 deaths a year in the
United States, some of these deaths attributable to automotive design flaws and failed
safety features (firestone tires equipped, noise warning system, anti
All in all, we have to be smart consumer in choosing which products best suit for
our needs considering health and safety. The keys to be remembered, false advertisings
are too good to be true and sounding illogical. What we have to do are asking ourselves
about the logic result of their promotion, searching as many facts as possible to support
our decisions, and learning as many experiences as possible from others. By doing so,
you will not be victimized by such kind of false advertising ever.
It is atort. Consumers who have suffered damages from a business’ use of false
advertising are entitled to file a civil suit for recovery of damages in consumer courts of
India.
The cases relating to false advertising is primarily dealt under Consumer Protection
Act,
1986 and are heard in consumer courts at district, state and national level.
Depending upon the nature and type of the advertisement, it can also be brought into
the
court of law under different legal issues as discussed in this article.
India is a common law country, a federal republic with Judiciary separated and
independent from the legislative and executive functions of the central government. Any
amendments or new legislations by the center are enforceable in whole of India.
“The deeper problems connected with advertising come less from the
unscrupulousness of
our ‘deceivers’ than from our pleasure in being deceived, less from the
desire to seduce
than from the desire to be seduced.”
Daniel j. Boorstin.
2
Consumer Protection Act, 1986
The Act provides for protection of the interests of the consumers.
Consumer- Any person who buys any goods or hires any services for a consideration
which has been paid or promised to be paid or partly paid and partly promised to be
paid under any arrangement of deferred payment and includes any beneficiary of such
good or service.
A consumer isnot a person who obtains such good for resale or for commercial
purposes.
The Act aims to promote and protect the following rights of the consumers:
• The right to be protected against the marketing of goods which are
hazardous to life and property
• The right to be informed of the quality, quantity, potency, purity and price
of goods so as to protect the consumer against unfair trade practices
• The right to be heard and be assured that the consumer interest will receive
due consideration at appropriate forums.
• The right to seek redressal against unfair trade practices.
Any advertising that misleads the consumer in India is treated as“unfair trade
practice” and a consumer has the right to get the remedy if such advertisement has
caused actual loss or injury to him/her under Consumer Protection Act.
An unfair trade practice (includes misleading advertisements) means:
• A trade practice which, for the purpose of promoting any sale, use or supply
Such misleading advertisement must have affected the purchase decision of the
consumers and hence caused actual loss or injury to the consumers,o r it is
against
public interest or morality.
The advertisements that amount to unfair trade practice and hence misleading
are
defined and categorized as under:
1. FALSE REPRESENTATION
The practice of making any oral or written statement or representation which:
•
Falsely suggests that the goods are of a particular standard quality, quantity, grade,
composition, style or model;
•
Falsely suggests that the services are of a particular standard, quantity or grade.
•
Falsely makes to the public a representation in the form that purports to be:
specified result.
If such representation is materially misleading or there is no reasonable prospect
that such warranty, guarantee or promise will be fulfilled
•
Materially misleads about the prices at which such goods or services are available
in the market.
•
Gives false or misleading facts disparaging the goods, services or trade of another
person. (This is the ambit of comparative advertisement as discussed later in this
article).