GUIDELINES ON MISLEADING ADVERTISEMENTS

1.1 An advertiser advertising goods or services offered by it to consumers must comply with the conditions and restrictions for bait advertising as prescribed under the Guidelines on Misleading Advertisement, which includes:

(a) Advertisements must not encourage consumers to purchase anything goods, products, or services without a reasonable expectation of being able to fulfil those offers at the advertised price;

(b) The advertisement must clearly outline the advertiser's reasons for believing they may not be able to supply the goods, products, or services within a reasonable time or in sufficient quantities;

(c) The advertisement must indicate that the stock is limited;

(d) If the advertisement's goal is to assess potential demand, this purpose must be explicitly stated; and

(e) The advertisement should not mislead consumers by omitting any restrictions, such as geographic limitations or age restrictions on availability.

1.2 An advertiser advertising goods or services offered by it to consumers must comply with the conditions and restrictions for free-claims advertising as prescribed under the Guidelines on Misleading Advertisement, which includes:

(a) Advertisements must not describe anything as “free” or “without charge” unless the consumer is only required to pay the unavoidable costs associated with responding to the advertisement or collecting and paying for the delivery of the item;

(b) The advertisement must clearly outline the commitment required from the consumer to take advantage of a free offer;

(c) Goods, products, or services should not be described as free if the consumer is required to pay for packing, packaging, handling, or administration, or if the cost of response;

(d) The offer should not be described as free if the quality or quantity of the goods, products, or services that must be purchased is reduced to take advantage of the offer or it is already included in the package price; and

(e) The term "free trial" must not be used to describe a “satisfaction or your money back” offer or any offer that requires a non-refundable purchase.

1.3 An advertiser advertising goods or services offered by it to consumers must comply with the conditions and restrictions for free-claims advertising as prescribed under the Guidelines on Misleading Advertisement, which includes:

(a) Advertisements targeted at children should not encourage dangerous behaviour, take advantage of their inexperience or gullibility, or exaggerate product features to create unrealistic expectations;

(b) Advertisements must avoid promoting practices harmful to children's physical or mental health, or implying that children will be ridiculed or excluded if they do not buy a product;

(c) Advertisements should not use misleading price qualifiers, feature children in ads for prohibited products (like tobacco or alcohol), or involve celebrities endorsing products with health warnings or unsuitable for children; and

(d) Advertisements should not encourage negative body image or suggest that processed goods are superior to natural foods.

1.4 The Guidelines on Misleading Advertisements also provide for duties of manufacturer, service provider, advertiser and advertising agency, which include:

(a) All descriptions, claims, and comparisons made in an advertisement that relate to objectively verifiable facts must be substantiated, and such substantiation should be provided if requested by the CCPA;

(b) If claims are based on independent research or assessments, the source and date of such research must be clearly indicated;

(c) The advertisement must not reference any person, firm, or institution in a way that unfairly benefits the advertised product or causes harm to the reputation of the referenced entity, unless explicit permission has been obtained. Moreover, advertisements should not contain statements or visual elements that, whether directly or indirectly, mislead consumers about the product, the advertiser, or any other product or advertiser. Advertisements must be framed in a way that does not exploit consumers' trust or lack of experience. For example, advertisements should avoid vague claims such as "up to five years guarantee" or "prices from as low as Rs. X," instead clearly stating the actual guarantee period or fixed price;

(d) If different guarantee periods apply to different parts or components of the product, these should be disclosed, specifying both the minimum and maximum guarantee periods; and

(e) Advertisements promoting lotteries, prize competitions, or gifts must clearly outline all relevant terms and conditions, ensuring consumers have a clear and fair understanding of their chances and expectations.