Consumer Law

Deceptive Advertisement Complaint Lawyer in Odisha

Misleading advertisements — false product claims, bait advertising, or undisclosed influencer endorsements — can be challenged under the Consumer Protection Act, 2019 before the CCPA, the consumer forum, or ASCI. Advocate Debarchana Samal advises consumers in Odisha on filing such complaints, distinct from disputes about a defective product itself.

Reviewed by Advocate Debarchana Samal, Bar Council of Odisha · Reg. No. O-1812/2023

Common Scenarios

Types of Deceptive Advertising

Misleading advertising takes several recognised forms under consumer protection law.

False Product or Service Claims

Advertisements that make claims about a product or service's features, quality, or results that are factually untrue or cannot be substantiated, which may amount to a misleading advertisement under the Consumer Protection Act, 2019.

Bait Advertising

Advertisements that lure consumers with an attractive offer or price that is not genuinely available, intending instead to sell a different or more expensive product once the consumer engages.

Misleading Celebrity & Influencer Endorsements

Endorsements by celebrities or social media influencers for products or services without adequate due diligence, or without proper disclosure of a material connection, which can attract liability under CCPA guidelines on endorsements.

Surrogate & Disguised Advertising

Advertisements that disguise promotion of a restricted or regulated product (such as certain beverages) as an advertisement for an unrelated product, which raises separate regulatory concerns.

Filing a Complaint with the CCPA

The Central Consumer Protection Authority (CCPA) has the power to investigate and take action against false or misleading advertisements, including directing their discontinuation and imposing penalties, under the Consumer Protection Act, 2019.

Filing Before the Consumer Forum or ASCI

Depending on the facts, a consumer affected by a misleading advertisement may also have a remedy before the District Consumer Disputes Redressal Commission, or may report the matter to the Advertising Standards Council of India (ASCI) for self-regulatory action.

Frequently Asked Questions

What makes an advertisement 'deceptive' or 'misleading' under Indian law?

Under the Consumer Protection Act, 2019, an advertisement is generally considered misleading if it falsely describes a product or service, gives a false guarantee, or conveys an express or implied representation that would constitute an unfair trade practice if made by the person who issued it. Whether a specific ad qualifies depends on its actual content and context.

Where can I file a complaint about a misleading advertisement?

Depending on the facts, a complaint can generally be filed with the Central Consumer Protection Authority (CCPA), before the appropriate Consumer Disputes Redressal Commission if you suffered loss, or reported to the Advertising Standards Council of India (ASCI) for self-regulatory review.

Can an influencer be held responsible for promoting a misleading product?

Depending on the facts, influencers and endorsers may face scrutiny under CCPA guidelines on endorsements, particularly where there was a failure to exercise due diligence or disclose a material connection with the brand. Liability depends on the specific circumstances of the endorsement.

What remedies are available if I bought a product because of a misleading advertisement?

Remedies may include a complaint before the consumer forum seeking compensation or correction, in addition to or separate from any CCPA action against the advertisement itself. The appropriate remedy depends on whether you suffered a specific loss as a result.

Is there a time limit to file a complaint about a deceptive advertisement?

Consumer complaints before the Consumer Disputes Redressal Commission are generally subject to a limitation period, so it is advisable to act promptly and seek legal advice once you identify a potentially misleading advertisement that has caused you loss.

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