PROTECTION OF CONSUMERS WITH REFERENCE TO MISLEADING ADVERTISEMENT IN INDIA: A CRITICAL ANALYSIS
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https://doi.org/10.55662/Abstract
“Trying to do business without advertising is like winking at a pretty girl through a pair of green goggles. You may know what you are doing, but no one else does.” -Cyrus McCormick
Advertising is a form of communication used to convey to the target audience of a business about its existing and upcoming products. Advertising is used to stimulate the public to use products and services by making an appeal that the product/ services are relevant and using them would give the customer a social, economical or psychological edge over those who don’t use these products/ services. The communication can be made either through traditional; media or contemporary media. The traditional/ mass media includes newspapers, television, advertising in cinemas, magazines, jingles on the radio and the contemporary/ new media includes conveyance of the message through blogs, advertising on Web Series (over platforms like YouTube), E- mails and more recently the usage of platforms like WhatsApp Business etc.
Advertising is used to project a certain image of the company/ product in the minds of the customers.Companies allocate a large portion of money towards advertising (both online and offline) during the preparation of their Annual Budget. Often, what happens is that the customer bears the brunt of exquisite advertisement budgets set by the company as the costs are directly passed down to the customer. We do not deny the resourcefulness of advertising. In a country of a billion plus people it is very hard to reach out to the various sections of the society without appropriate advertising. However, advertising gets redundant when the product is exaggerated and the brand hopes that the product would sell on the basis of lavish advertisement or ride on the Star Power of the celebrity who is advertising the product. This article provides an insight to the concept of ‘misleading advertising’, from a legal viewpoint and the laws around it and its impact on Indian consumers. It further discusses the existing and possible solutions to overcome it.
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