Name - Mr. Sanat Saluja
Designation - Student, Centre for Legal Studies, Gitarattan International Business School.
The role of advertisement is far important in today’s scenario when we've latest technology and role of media which helps us to determine what to shop for and judge our choice to for it or not but the problem arises when advertisement lacks its role and sometimes it misleads the buyer and effect the protection and protection of consumer and there only the role of consumer law starts. Usually in health care sector it's said that advertisement is source of providing information through which awareness can be made better to any or all aspects but what if that proper advertisement starts some display of misleading things that causes the danger of consumer rights or its safety where usage was at a high level or illegal acts are covered under that. Misleading and false advertisements don't seem to be just unethical; they distort competition and after all, consumer choice. False and misleading advertisements after all violate several basic rights of consumers: the correct to information, the correct to choice, the proper to be protected against unsafe goods and services additionally as unfair trade practices. Since advertisements are basically meant to push a product or a service, one does see some exaggeration within the way they extol the virtues of the merchandise. But when it goes beyond that and deliberately utters a falsehood or tries to misrepresent facts thereby misleading the buyer, then it becomes objectionable. The aim of advertisement is to produce a correct knowledge to the buyer so their Value of cash and rights should be maintain and also instances happen in health care that violates this easy principle where claims are made on usage and results are told but the cruel reality that it's just for the aim to extend sale and because of misleads many consumer gets affected. Advertisment specially nowadays in health sector results in the misleads because it encourages fake promises materialism , creating negative marketing strategies also making class consciousness, and also a number of the items or values that don't seem to be accepted by majority of individuals from a bit of standard buyers. It may be seen that in health sector any new item introduced is promoted with such a advertisement way that it'll surely attract the patron to shop for so people will select it and consumption are going to be made , the danger arises as advertisement didn’t shows the reviews or authentication from the varied department, but only promotes such item as payment was made by the corporate to try and do so. the aim of advertising is to form awareness of the advertised product and supply information that may assist the patron to create informed-purchase decision. The utmost concern is to get rid of provide true picture and lots of are there which follow proper guidelines and also give all the required items that a consumer should know while thinking to get item specially medicine or item that produces a change to our body. as an example tablets or powder that claim weight loss or immediate effects after week are must for attraction and thanks to this misleads many folks come under and opt for such purchase. the law would be way more effective if it prescribed as penalty, corrective advertisements and heavy financial penalties, rather than imprisonment or fine or both. The Act prescribes imprisonment up to 6 months or fine or both for the primary offence and up to at least one year or fine or both for the following offence.
But as it exists today, it’s enforcement by the State drug control authorities- barring some exceptions- is poor because one sees any number of such advertisements, promoting indigenous cures or medicines for a range of ailments listed within the Schedule of the Act. also it's a controversy with the telecast department to create the laws clear and will make their broadcast very specific specially when it involves health sector as many folks end up to shop for such items that aren't meant for them specially it destroys the youth. while the Advertising Code was formulated under the foundations in 1994, it had been only in September 2005 that the union ministry of knowledge and Broadcasting issued an order for fitting of district and state level monitoring committees to enforce the Act. Section 24 of the Act (Restrictions of advertisement and prohibition on unfair trade practices) says that: (1) No advertisement shall be product of any food which is misleading or deceiving or contravenes the provisions of this Act, the foundations and regulations made thereunder. (2) no one shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of creating any statement, whether orally or in writing or by visible representation. Some advertisement shows up the medication ads that are only meant to be sold on prescription and seeing ads people choose such purchase and blame advertisement that they're showing for public to buy. the TRAI had hauled up operators for failing to issue tariff information within the advertisements within the manner prescribed by the Authority. The authority had also issued directions to the operators to discontinue or modify advertisements found to be misleading or false and not within the interest of the patron. When it involves the buyer rights and awareness it's the duty of first government , secondly law so it's the buyer to use its sense and knowledge to determine what's good or bad as company aims to own higher sales but what about our health that we've got to think. To ensure consumer protection and rights to create us et al safe. There are differing kinds of ads that will be helpful or could also be not but in my view health sector is barely one area where alittle mistake done can take or make a life at risk many daily many cases come where people get trapped in such things and ultimately seek help. to confirm safety of consumer, consumer law ensures all the acts and laws present to create a view that every one of them are being followed on large scale and everybody is following them. during a country where media is free it should be taken care off that folks should only choose the items that are safe for them and not results in anything that make society bad. the patron Protection Act helps consumers seek redressal against any false or misleading advertisements. The court, in such cases, can order the advertiser to discontinue the advertisement or warn them to not repeat while awarding the value of litigation and compensation for any loss or suffering caused on account of unfair trade practice under section 14 of the Act Under the patron Protection Act, even governments (state governments moreover because the central government) can file complaints on behalf of consumers, but here again, the Departments of Consumer Affairs hardly have the specified infrastructure for such work. So complaints of false and misleading advertisements filed before the buyer courts today are mostly filed by those that are directly plagued by such advertisements and have suffered loss. At last to ensure consumer safety the rules and code for advertisement should be followed well and also should be amended at regular interval to ensure proper working .