Case Study

The Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs has notified 'Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022' with an objective to curb misleading advertisements and protect consumers, who may be exploited or affected by such advertisements.

Keeping in view the sensitiveness and vulnerability of children and severe impact advertisements make on the younger minds, several preemptive provisions have been laid down on advertisements targeting children. Guidelines say that advertisement targeting children shall not feature any personalities from the field of sports, music or cinema and products which under any law require a health warning for such advertisement or cannot be purchased by children.

(Courtesy: PIB, Delhi)

With reference to the case study answer the following question:

Explain the various Consumer Rights as mentioned in the Consumer Protection Act.

The Consumer Protection Act, 1986 provides the following rights to consumers, which are particularly relevant in protecting consumers from misleading advertisements as mentioned in the case study:

1. Right to Safety — It means the right to be protected against the marketing of goods and services which are hazardous to life and property. The CCPA guidelines protect children from advertisements of products requiring health warnings, ensuring their safety. Consumers should buy products carrying ISI, AGMARK and other quality marks.

2. Right to be Informed — It means the right to be informed about the quality, quantity, purity, potency, standard and price of goods. Misleading advertisements violate this right by giving false or exaggerated information. The CCPA guidelines aim to ensure that advertisements provide accurate and truthful information so consumers can make informed decisions.

3. Right to Choose — It means the right to be assured of access to a variety of goods and services at competitive prices. Misleading advertisements unfairly influence consumer choice. The guidelines protect consumers, especially children, from being unduly influenced by advertisements featuring celebrities from sports, music or cinema.

4. Right to be Heard — It means consumer's interest must receive consideration at appropriate forums. The CCPA itself is such a forum where consumer concerns about misleading advertisements can be heard and addressed.

5. Right to Seek Redressal — It means the right to seek redressal against unfair trade practices or unscrupulous exploitation. Consumers affected by misleading advertisements can seek compensation and redressal under this right.

6. Right to Consumer Education — It means the right to acquire knowledge and skill to be an informed consumer. The CCPA's guidelines and awareness campaigns help educate consumers, especially children and parents, about misleading advertising tactics.