Zolvit
Zolvit

Our Legal Expertise

What Is a Misleading Advertisement Under Indian Law?

A misleading advertisement is defined under Section 2(28) of the Consumer Protection Act, 2019. The definition covers several distinct situations, from false descriptions to deliberate concealment of material facts. Identifying which category applies helps determine the right complaint route and the evidence required to support it.

Type Under Section 2(28) Example in Plain Words
False description of a product or service Claiming a product has ingredients, specifications or features it does not actually have
False guarantee, or one likely to mislead on nature, substance, quantity or quality Promising a result, composition or standard that the product does not deliver
Express or implied representation that would amount to an unfair trade practice A claim that creates a false impression of superiority, safety or benefit
Deliberate concealment of important information Withholding a material fact a reasonable consumer would need to make an informed decision
Bait or surrogate advertising, as identified under the 2022 Guidelines Advertising a product at a price with no genuine stock, or promoting a restricted product through look-alike branding

Puffery and honest comparative claims are not treated as misleading by themselves; the assessment depends on whether a reasonable consumer would be deceived by the specific claim made.

Important: Whether a particular advertisement falls under Section 2(28) depends on the exact wording, context and impression it creates. This can only be assessed after reviewing the advertisement itself.

Three Ways to Complain: ASCI, CCPA or Consumer Commission

We assist you in choosing the right route, since an advertisement can be challenged through more than one channel depending on whether you want the ad stopped, a penalty imposed, or your own loss compensated.

Route Nature Outcome Best For
ASCI Self-regulatory, industry-run mechanism Advertisement may be modified or withdrawn; no monetary fine Quick action against a specific ad through industry pressure
CCPA Statutory authority under Sections 10 to 21 of the Consumer Protection Act, 2019 Investigation, withdrawal, corrective advertisement, penalties, and endorser bans where applicable Practices affecting consumers as a class, not one individual
District, State or National Commission Statutory consumer forum Refund, compensation or discontinuance specific to the complainant Personal loss suffered by relying on the advertisement

These routes are not mutually exclusive and can run together. A CCPA action addressing the advertisement as a whole often strengthens an individual's case before a consumer commission, though each forum decides the matter before it independently.

Important: A favourable outcome in one forum does not automatically bind another. Each authority examines the facts, evidence and relief sought before it on its own terms.

The 2022 CCPA Guidelines: What Advertisers Must and Must Not Do

We help advertisers understand what the Consumer Protection (Prevention of Misleading Advertisements) Guidelines, 2022 require before and after a claim is published. Later sector-specific guidelines extend similar obligations to coaching centres and environmental claims.

  • No bait advertising, offering goods at an advertised price without reasonably adequate stock to meet expected demand
  • No surrogate advertising to indirectly promote a product that cannot be advertised directly
  • "Free" claims must not conceal conditions that reduce or negate the benefit offered
  • Disclaimers must not contradict the main claim and must be presented prominently, not buried in fine print
  • Advertisements targeted at children must not exploit their inexperience or credulity, or depict dangerous or unsafe behaviour
  • Claims must be substantiated before publication, not after a complaint is raised
  • Claims involving professional, scientific or technical assertions require adequate supporting material
  • Under the 2024 coaching-centre guidelines, unverified success rates, ranks or guaranteed-result claims are not permitted
  • Under the environmental-claims guidelines, vague "green," "eco-friendly" or "sustainable" claims require proper substantiation before use

Endorser and Influencer Liability

Endorsers, including celebrities and social media influencers, are required to exercise due diligence to verify the claims they endorse before making them public. The CCPA can penalise an endorser and prohibit them from endorsing products for a period of one to three years, but an endorser who genuinely carried out due diligence has a defence available under the law.

  • Due diligence in practice, reviewing the advertiser's substantiation file, relevant test reports, and contractual warranties regarding the claims being endorsed
  • Disclosure of material connection, clearly indicating any commercial relationship with the advertiser in the endorsement itself
  • The Section 21(5) defence, protection available to an endorser who exercised due diligence and reasonably believed the representation to be true
  • Position of agencies and publishers, Section 21(6) addresses when an advertising agency or publisher may also face liability for the advertisement
  • For brands, maintaining a documented compliance trail with endorsers reduces exposure for both parties if a claim is later disputed

Important: What counts as adequate due diligence is not fixed by a single checklist; it depends on the nature of the claim, the endorser's role, and the evidence the endorser can point to. The Section 21(5) defence is assessed case by case, not assumed.

Misleading Advertising Problems We Handle

Misleading advertisement issues arise across sectors, each with its own regulatory backdrop alongside the Consumer Protection Act. We help you identify the applicable framework and the appropriate complaint or defence strategy for your situation.

  • Coaching and Edtech Success Claims

    We help you act on unverified success-rate, rank or result claims made by coaching centres and edtech platforms.

    Route: CCPA complaint under the 2024 coaching-centre guidelines, or consumer commission for individual loss where enrollment was based on the claim.

  • Health, Supplement and Cosmetic Efficacy Claims

    We help you challenge health, supplement or cosmetic claims that are not backed by adequate substantiation.

    Route: CCPA complaint, alongside any applicable sector-specific regulatory reporting.

  • Real Estate Project Advertisements

    We help you address misleading claims in a real estate advertisement, distinct from disclosure obligations under a project's RERA registration.

    Route: CCPA or RERA complaint, depending on which obligation the claim concerns.

  • Discount, MRP and "Free" Claims

    We help you challenge discount, MRP or "free" claims that conceal conditions or overstate the benefit offered.

    Route: CCPA complaint, with a parallel Legal Metrology angle where pricing or quantity declarations are also involved.

  • Financial Product Returns Claims

    We help you address advertised return or performance claims for a financial product that were not properly substantiated.

    Route: CCPA complaint, alongside the applicable RBI or SEBI regulatory channel depending on the product.

  • Influencer Promotions Without Disclosure

    We help you act where an influencer promotion does not disclose a material commercial connection.

    Route: ASCI or CCPA complaint addressing the missing disclosure, with endorser liability assessed separately.

  • Comparative Advertising Against a Competitor

    We help you respond where a competitor's advertisement makes a false or disparaging comparison with your product.

    Route: Complaint to ASCI or CCPA, or a separate civil suit where the comparison amounts to disparagement.

  • Environmental Claims

    We help you challenge vague "green," "eco-friendly" or sustainability claims made without adequate substantiation.

    Route: CCPA complaint under the environmental-claims guidelines.

For Advertisers: Responding to a CCPA or ASCI Notice

We help advertisers respond to a CCPA notice within the stated period, supported by the substantiation available for the claim made. The quality and timing of this response often determines whether the outcome is a simple modification, a corrective advertisement order, or a monetary penalty.

  • Assemble the substantiation file relied upon before the advertisement was published
  • Consider voluntary withdrawal or modification where the claim cannot be fully supported
  • Propose a corrective advertisement where appropriate, rather than contesting every point
  • Address endorser, agency and publisher exposure alongside the advertiser's own position
  • Understand the appeal route to the National
  • Consumer Disputes Redressal Commission under Section 24

Step-by-Step: Filing a Misleading Advertisement Complaint

A misleading advertisement complaint typically moves from preserving evidence to selecting the right forum, filing, and following through on the resulting order. We guide you through each stage based on the advertisement and the relief you are seeking.

Step 1: Capture the Advertisement

We begin by helping you preserve the advertisement as it appeared, including screenshots with date, URL and medium, or a copy of the print or broadcast version.

You receive: Evidence File

    Step 2: Route Decision

    We help you assess whether ASCI, CCPA, a consumer commission, or a combination of these is appropriate for your situation.

    You receive: Route Note

      Step 3: Complaint to CCPA or ASCI

      We help you file the complaint through the CCPA portal or National Consumer Helpline, or with ASCI, along with notice to the advertiser where applicable.

      You receive: Filed Complaint

        Step 4: Consumer Commission Complaint

        Where you have suffered personal loss from relying on the advertisement, we help you file a separate complaint seeking refund or compensation.

        You receive: Filed Complaint

          Step 5: Orders and Follow-Through

          We help you track the proceedings and, once an order is passed, understand the steps available if it is not complied with.

          You receive: Order Copy

            Documents and Evidence

            We help you identify and organise the evidence needed to support a misleading advertisement complaint, since the strength of a complaint depends heavily on how well the advertisement and its consequences are documented:

            • The advertisement in every form it appeared, print, broadcast, digital, or social media
            • Proof of purchase or enrolment made in reliance on the advertisement
            • The product, service or outcome as actually delivered, for comparison against the claim
            • Expert opinion or test evidence contradicting the advertised claim, where available
            • Correspondence exchanged with the advertiser, platform or seller
            • Evidence of the endorser's involvement, including the endorsement itself and any disclosure made
            • Evidence of the loss suffered, where personal compensation is being claimed

            Why Choose Zolvit for Advertising Disputes: How Our Lawyers Help

            Our Consumer lawyers helps both consumers challenging a misleading advertisement and advertisers responding to a notice, with a ₹99 online lawyer consultation to assess your position before further steps are taken.

            • Complaint Assessment and Route Selection

              We review the advertisement and available evidence at ₹99 to identify whether ASCI, CCPA, a consumer commission, or a combination is appropriate.

            • CCPA and ASCI Complaints

              We help you prepare and file complaints addressing the advertisement, including the evidence and legal grounds required.

            • Consumer Commission Claims for Individual Loss

              We help you pursue refund, compensation or discontinuance where you suffered personal loss from relying on the advertisement.

            • Advertiser and Endorser Defence

              We help you respond to CCPA or ASCI notices, including assembling substantiation and assessing available defences.

            • Campaign Pre-Clearance Review

              We review proposed advertising claims, disclaimers and disclosures before publication to reduce regulatory exposure.

            Why Zolvit

            We help you pursue an appeal before the National Commission where a CCPA order is being challenged.

            • Statutory and self-regulatory routes used together where appropriate
            • Individual loss claims pursued alongside broader regulatory action
            • Advertisers and endorsers defended through substantiation, not denial
            • Both consumers and advertisers served, without conflict on the same matter

            Zolvit does not promise a particular outcome, penalty amount or timeline. These depend on the facts, the evidence available and the decision of the relevant authority.

            Resolve Misleading Advertisement Disputes

            • Review disputed claims
            • Identify legal remedies
            • Get CCPA complaint support
            • Understand liability risks

            Talk to a Consumer Lawyer

            FAQs

            Under Section 2(28) of the Consumer Protection Act, 2019, it includes false descriptions, guarantees, unfair representations, hidden material information, bait advertising, and surrogate advertising.
            You can complain to the CCPA, ASCI, or a consumer commission if you suffered a loss. The appropriate route depends on your objective.
            ASCI is a self-regulatory body that can recommend ad modification or withdrawal. The CCPA can investigate, order corrective action, impose penalties, and restrict endorsements.
            The CCPA can impose up to ₹10 lakh for a first violation and up to ₹50 lakh for repeat violations, along with withdrawal or corrective-advertisement orders.
            Yes. The CCPA can penalise endorsers who fail to exercise due diligence and restrict endorsements for one to three years. Section 21(5) provides a defence where due diligence was conducted.
            You may claim a refund or compensation through a consumer commission if you relied on a misleading claim and suffered a loss.
            They can be, provided the conditions are clearly disclosed and discounts or “free” claims are not misleading.
            Yes, if the claims are supported by verifiable data. Unverified or exaggerated success, rank, or result claims may attract CCPA action.
            Yes, if the comparison is factual, honest, and does not disparage competitors. False or misleading comparisons can lead to regulatory or civil action.
            Surrogate advertising promotes a restricted product indirectly through an associated brand, product, or imagery. Such advertising is restricted under the 2022 Guidelines.
            Respond within the stated deadline with supporting evidence. Depending on the case, you may defend the claim, modify the advertisement, or voluntarily withdraw it.
            Yes. A competitor can approach ASCI or the CCPA and may also pursue a civil suit for product or business disparagement.
            It can take several months, depending on the investigation, responses, and complexity of the matter. Interim directions may be issued earlier in some cases.