Question

Case Study The Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs has notified 'Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’ with an objective to curb misleading advertisements and protect consumers, who may be exploited or affected by such advertisements. Keeping in view the sensitiveness and vulnerability of children and severe impact advertisements make on the younger minds, several preemptive provisions have been laid down on advertisements targeting children. Guidelines say that advertisement targeting children shall not feature any personalities from the field of sports, music or cinema and products which under any law require a health warning for such advertisement or cannot be purchased by children.

With reference to the case study answer the following question:

Explain the various Consumer Rights as mentioned in the Consumer Protection Act.

Answer 1

The Consumer Protection Act, 1986 provides the following rights to consumers, which are particularly relevant in protecting consumers from misleading advertisements as mentioned in the case study:

1. Right to Safety: Right to Safety means the right to be protected from the marketing of goods and services that endanger life and property. The CCPA guidelines protect children from ads for products that require health warnings, assuring their safety. Consumers should purchase products with ISI, AGMARK, and other quality markings.
2. Right to be Informed: This refers to the right to know about the quality, quantity, purity, potency, standard, and price of commodities. Misleading advertisements breach this right by providing incorrect or overstated information. The CCPA rules seek to ensure that advertisements deliver accurate and genuine information, allowing consumers to make informed decisions.
3. Right to Choose: The right to choose entails the assurance of access to a wide range of goods and services at competitive costs. Misleading advertisements have an unfavourable influence on customer buying choices. The guidelines safeguard customers, particularly youngsters, from being excessively influenced by commercials using sports, music or cinema.
4. Right to be Heard: The right to be heard means that consumers’ interests must be considered in suitable forums. The CCPA provides a platform for consumers to voice and address their concerns about misleading marketing.
5. Right to Seek Redressal: This refers to the right to seek remedy for unfair trade practices or unscrupulous exploitation. This right allows consumers who have been affected by misleading marketing to seek compensation and remedies.
6. Right to Consumer Education: It refers to the right to learn and develop the skills necessary to be an informed consumer. The CCPA’s rules and awareness initiatives help to educate consumers, particularly children and parents, about misleading advertising methods.