What Is Considered a Misleading Advertisement?
A misleading advertisement is any promotional content that deceives or misleads consumers. This includes:
- Exaggerated claims about a product’s benefits
- Hidden terms and conditions
- False price discounts
- Misuse of scientific data or “doctor recommended” tags without evidence
Under Indian law, such ads are considered unfair trade practices under the Consumer Protection Act, 2019.
Your Rights Under Indian Law
Consumers in India are protected against misleading advertisements through various legal provisions:
- Consumer Protection Act, 2019: Recognizes misleading ads as unfair trade practices and grants consumers the right to seek compensation.
- ASCI (Advertising Standards Council of India): Regulates advertising content and enforces compliance through complaints.
- Food Safety and Standards Act: Applies to food products with misleading nutritional or health-related claims.
You also have the right to:
- Request a refund or compensation
- File a complaint with the Consumer Commission
- Get misleading ads taken down or corrected
Legal Remedies Available to Consumers
Here are your options if you’ve been misled by an advertisement:
- Consumer Complaint: File a complaint online via the e-Daakhil Portal.
- ASCI Complaint: Report the ad to the ASCI through their official website.
- Compensation Claims: Seek damages for loss or mental harassment under Section 2(6) of the Consumer Protection Act.
Related reading: How to File a Consumer Complaint in India
How to File a Complaint
You can file a complaint against a misleading advertisement using these steps:
- Gather evidence (screenshots, purchase receipts, ad copies)
- File a complaint through e-Daakhil or in person at the District Consumer Commission
- Alternatively, lodge an ad complaint with ASCI
Ensure your complaint is clear, includes all documentation, and specifically outlines how the ad misled you.
Real-Life Cases and ASCI Action
In 2023, ASCI processed over 8,000 complaints, with the majority being upheld and ads modified or withdrawn.
- Several major FMCG companies had to withdraw ads claiming “100% natural” or “instant cure.”
- Celebrity endorsements were penalized for failing to verify claims.
These cases show that consumers can influence advertising standards when they take action.
Tips to Protect Yourself from False Ads
- Always read the fine print and disclaimers in advertisements
- Verify claims, especially health or weight-loss related
- Beware of “limited-time offers” and “zero risk” language
- Keep receipts, transaction records, and product packaging
If something seems too good to be true — it often is.
FAQs: Misleading Ads and Consumer Rights
Q. Is puffery (exaggerated advertising) illegal?
Puffery is legal to an extent, but when claims cross into factual falsehoods, it becomes misleading and actionable.
Q. Can I file a complaint if I didn’t suffer financial loss?
Yes. Even if you didn’t lose money, you can report misleading content, especially if it affects public interest.
Q. Who is responsible — the brand or the influencer?
Both can be held liable. As per 2022 ASCI guidelines, endorsers must verify all claims before promoting a product.
Q. What compensation can I expect?
The Consumer Commission may order a refund, compensation for loss or mental agony, and a correction of the ad.
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Conclusion
Misleading advertisements are more common than ever, but the law is on your side. Whether it’s a skincare product making false claims or a fake discount on an e-commerce site, you have legal remedies available. Don’t ignore it — act on it. It strengthens consumer rights for everyone.
Explore more: Your Rights as a Consumer in India (2025)
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