On March 26, 2024, the Department of Consumer Affairs (“DoCA”) had issued a press release announcing that it has collaborated with the Advertising Standards Council of India (“ASCI”) to curb issues of misleading advertisements. The press release mentions that both the organizations will now operate with a mutual goal of protecting consumer interests (by protecting them from misleading advertisements).
There are numerous instances where ASCI has played an instrumental role in drafting of advertisement guidelines in various fields (such as for dark patterns, influencer guidelines, coaching institutes, greenwashing and more), which are being enforced by the Central Consumer Protection Authority (“CCPA”). On similar lines, the press release mentions that any violations (pertaining to misleading advertisements) under the ASCI code could potentially contravene the Consumer Protection Act, 2019 (“CPA”) as well as its associated guidelines.
In pursuance of the above, the CCPA has requested ASCI to forward any advertisements which are not in compliance with the ASCI code and are violative of CPA (as well as its associated guidelines). Pursuant to receipt of such impugned advertisements, the CCPA will take appropriate actions in accordance with the provisions of CPA.
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