TMI BlogGuidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.X X X X Extracts X X X X X X X X Extracts X X X X ..... entrusting it to others in order to promote the sale of his goods, products or services and includes a manufacturer and service provider of such goods, products or services; (c) advertising agency means a person or an establishment providing services in designing and production of advertisements or other related services for a commission or fee; (d) bait advertisement means an advertisement in which goods, product or service is offered for sale at a low price to attract consumers; (e) child means a child as defined in clause (12) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); (f) endorser includes an individual or a group or an institution making endorsement of any goods, product or service in an advertisement whose opinion, belief, finding or experience being the message which such advertisement appears to reflect; (g) service provider means a person who provides service of any description to a potential user; (h) surrogate advertisement means an advertisement for goods, product or service, whose advertising is otherwise prohibited or restricted by law, by circumventing such prohibition or restriction an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ood the deficiency to the consumer. 5. Conditions for bait advertisements. - A bait advertisement shall fulfil the following conditions, namely:- (a) such advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered; (b) the advertiser shall ensure that there is adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement; (c) such advertisement shall state the reasonable grounds which the advertiser has for believing that he might not be able to supply the advertised goods, products or services within a reasonable period and in reasonable quantities, and in particular, (i) if the estimated demand exceeds the supply, such advertisement shall make clear that the stock of the goods or services is limited; (ii) if the purpose of the advertisement is to assess potential demand, it shall be clearly stated such advertisement; and (iii) the advertisement shall not mislead consumers by omitting restrictions, including geographic restrictions and age-limit on the availability of the goods, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cost of promotion; or (iii) the quality or quantity of the goods, product or service that a consumer shall purchase to take advantage of the offer has been reduced; (d) not describe an element of a package as free if such element is included in the package price; (e) not use the term free trial to describe a satisfaction or your money back offer or an offer for which a non-refundable purchase is required. 8. Children targeted advertisements. (1) An advertisement that addresses or targets or uses children shall not (a) condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children; (b) take advantage of children's inexperience, credulity or sense of loyalty; (c) exaggerate the features of goods, product or service in such manner as to lead children to have unrealistic expectations of such goods, product or service; (d) condone or encourage practices that are detrimental to children's physical health or mental wellbeing; (e) imply that children are likely to be ridiculed or made to feel inferior to others or become less popular or disloyal if they do not purchase or make use of such goods, product o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r children or on a channel meant exclusively for children. (4) Any advertisement which offers promotional gifts to persuade children to buy goods, product or service without necessity or promotes illogical consumerism shall be discouraged. 9. Advertisements prohibited by law. In addition to the prohibited advertisements as set out in these guidelines, no advertisement shall be permitted which is designed, produced and published in respect of goods, products or services which are prohibited from being produced, sold or provided or which are prohibited from being advertised under any law for the time being in force or under any rules or regulations made thereunder. 10. Guidelines not in derogation of other laws. Where an advertisement is regulated under any other law for the time being in force, including the Press Council Act, 1978 (37 of 1978) and the Cable Television Networks (Regulation) Act, 1995 (7 of 1995) or the rules or regulations made thereunder, the provisions contained in these guidelines shall be in addition to and not in derogation of, such regulation in other laws. 11. Disclaimers in Advertisements . (1) A Disclaimer in advertisement (a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or institution to ridicule or disrepute, unless requisite permission from such person, firm or institution has been obtained by the advertiser; (d) advertisement shall not contain statements or visual presentations which directly, or by implication, or by omission, or by ambiguity, or by exaggeration are likely to mislead consumers about the product advertised, or the advertiser, or about any other product or advertiser; (e) advertisement is so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge and for this purpose, (i) such advertisement may not make claims which use expressions such as upto five years guarantee or Prices from as low as Rs. Y , instead shall clearly indicate a fixed period of guarantee of the product or a fixed price at which the product is being offered; and in case, the product has different periods of guarantee for different parts or components, it shall clearly indicate the minimum and maximum of such periods of guarantee applicable to the relevant part or components; (ii) if such advertisements invite the public to take part in lotteries or prize competitions permitted under any law for the time be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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