With focus on kids, govt curbs misleading ads; prohibits surrogate advertisements

While the guidelines provide for regulation of bait, free claims and children-targeted advertisements, it prohibits surrogate advertisements.

The guidelines state: “An advertisement of any goods, product or service that addresses or targets children shall not – (a) be such as to develop negative body image in children; (b) give any impression that such goods, products or services are better than the natural or traditional food that children may be consuming.”

“Under Section 2(28) of the Consumer Protection Act, 2019, “misleading advertisement falsely describes a product or service; or gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of a product or service; or conveys an express or implied representation, which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or deliberately conceals important information”.

The guidelines, which have been finalised in consultation with the central ministries concerned, say: “Any advertisement that offers promotional gifts to persuade children to buy goods, product or service without necessity or promotes illogical consumerism shall be discouraged.”

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The guidelines, issued under Consumer Protection Act, 2019, also bars Indian citizens living abroad from endorsing such advertisements that have been barred for Indian professionals living in the country.

Endorsers are required to disclose their material connection with the endorsed product or service, the guidelines say, besides specifying “duties” of manufacturer, service provider, advertiser and advertising agency.

“No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law, by circumventing such prohibition or restriction and portraying it to be an advertisement for other goods or services, the advertising of which is not prohibited or restricted by law,” states para 6 (1) of the guidelines.

Consumer Affairs Secretary Rohit Kumar Singh said: “Advertising is an important paradigm for consumer protection. The Consumer Protection Act has provision to handle misleading advertisements… But to make it more clear to the industry… the government has come out with very clear guidelines for fair advertising.”

Nidhi Khare, additional secretary, Department of Consumer Affairs, said the guidelines would apply to “all ads regardless of form, format or medium”.