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Author: S.Thakira Banu is a final Year law student doing B.com LLB(hons)
Abstract:
This article emphasizes how advertisement plays a role in changing our behaviour pattern predominantly when it comes to skin care and influencing beauty products and as well as if that advertisement misleads what will be the impact and what are the regulatory bodies governing the misleading advertisement especially by cosmetic industries in India ,and their roles in it .
Introduction:
Advertisement plays an vital role in marketing products ,However, among various industries, the cosmetic sectors, advertisement is one of the most powerful tool used by the companies and industries to influence consumer behaviour by appeal to people desire for beauty and self esteem through advertising in Tv channels,online platforms, promoting by social media influencer ,ect . in today’s life cosmetic products have become an undeniable force shape all stages of people, with effects of double edge sword ,it has both beneficial and harmful aspect too
Definitions
Definition of cosmetic product as per indian law.
According to The drugs and Cosmetics Act 1940, and the rule in 1945 ,under section 3(aaa) states about the definition of cosmetic ,that it can be any article deliberated to rubbed, poured, sprinkled or sprayed on any part of human body or any articles or substances designed to cleansing, beautifying, altering appearance or maintaining the body’s condition,applied in any part of human body, is known as cosmetic
Definition of advertisement under Indian jurisprudence
Under The Consumer protection Act,2019, section 2(1)
explains about the term advertisement, which means any audio or visual publicity , representing the document or content ,by means of light,sound ,print,electronic media through internet or website and also includes any print, notice etc.
Advertisement is like paid mass communication ,which is the main source of marketing to inform and influence a vast audience to buy a product.
Misleading advertisement under Consumer Protection Act 2019 Section 2(28) of Consumer Protection Act 2019 states about the misleading advertisements in relation to any product or service; means an advertisement, which are;
(i)advertising falsely description such product or service,
(ii)providing false promises or guarantee to mislead the consumers for example, transform your forehead into a forest,anti aging cream etc
(iii)promoting misrepresented advertisement,that would constitute an unfair trade practice
(iv)intentionally concealing product information
Misleading advertisement in cosmetic industries:
Misleading advertisement are a one of the major concern in cosmetic industry with brands often making exaggerated or unsubstantiated claims about product efficiency for example;
- Get glass skin at one wash
- Erase wrinkles
- Reverse the signs of aging
- 100% hair loss prevention
- Dermatologist tested,clinically proven,paraben free.
Regulatory bodies in regulating misleading advertisement in India
❖ Principles to be followed while advertising in India are
➢ Truthfulness without any fabrication or falsification
➢ It should not be unfair trade practice
➢ It should not infringe any intellectual property rights
➢ Must act with social responsible,environmental friendly,while promoting product advertisement
➢ It should not be against the National’s cultures and diversity
❖ Advertising Standards Council of India (ASCI)
ASCI was formed in 1985, it is a self regulatory body, enforces a code that mandates every advertisement must be truthful,honest, and non offensive.ASCI act against the false claims and promises in advertisement that misleading the customer such as chemical free,glass skin at one wash, etc,.it plays a vital role in raising ethical standards of advertisement in India.
➔ Objective of ASCI
- To monitor the advertisement standard ,
- Protecting the consumer interest from misleading advertisements, Ensuring ethical standards of advertisement in India.
- It will protect from hazardous products which are harmful or affect the society, especially children.
❖ Consumer protection Act 2019
The CPA 2019 aims to protect the consumer’s rights in India ,it also governs the misleading advertisement by cosmetic beauty industries. section 2(28) states about the misleading advertisement ,
which are falsely describes about the product or its ingredients, or giving erroneous information in advertisement, or concealing the details about the product , or giving false guarantees or promises, which can mislead the customers about the products attribute like quality,qantity, or product relevancy .
➔ CCPA(Central Consumer Protection Authority)
- CCPA was came into enforce on 24th july 2020,It has been established under CPT Act 2019, it was formed to protect the interest of consumer and infringes or violation of consumers right,governing the unfair trade practices in markets as well as the misleading advertisements
- It has the power to regulate and to investigate in matter related to false and misleading advertisements,
- It has empowered to provide direction to the parties to modify the concern advertisement or can also may instruct to discontinue such advertisement. It can also impose penalties on the manufacturer and advertisers ,fine up
- to ₹10 lakh for first offence and ₹50 lakh for subsequent offence, and imprisonment up to 2 years for serious offences .
❖ Conclusion
Misleading advertisements are one of the major concerns in the cosmetic industry,with brands often making exaggerated or unsubstantiated claims about product efficiency, these misleading advertisements by cosmetic industries not only deceive consumers but also exploit their insecurities for their profit. As consumers we should know our rights such as to receive safe products and services,to know information about the product such as ingredients used in it,and also have the right to get remedies for their grievances. The only solution for the misleading advertisements is that every manufacturing industries and advertisers must take their responsibility and adopt truthfulness and fairness marketing and taking social responsibilities ultimately which will make fair and responsible market place
