Perils of misleading advertisements

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Source-This post on Truth in advertising matters has been created based on the article “Patanjali ad case: Truth in advertising matters” published in “Live Mint” on 29 February 2024.

UPSC SyllabusGS Paper-2- Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.

News-The article discusses the importance of protecting consumers from being misled by deceptive advertisements.

Background– The Supreme court has criticized Patanjali Ayurved, for making misleading claims in advertisements about its products curing diseases.

What is misleading advertising?

It refers to any advertising message that misleads the consumer by making false or exaggerated claims.
For ex-False product specifications, misleading price comparisons and false testimonials from fake customers.

A detailed article on the Consumer Protection Act, 2019 can be read here.

What are the issues associated with misleading advertising on healthcare products?

1) Ethical issue– It violates the trust of consumers and undermines the integrity of the business.

2) Violation of law– The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 prohibits benefits claim without sound scientific basis.

3) Adverse health impact-Unverified products can have negative effect on health of consumers.

How are therapeutic claims tested in allopathic systems?

1) Every formulation must undergo scientific testing.

2) Strict procedures laid down by drug regulators must be followed.

3) All therapeutic claims must be validated by any authorized scientific agency before getting approval for specific use.

What should be the way forward?

1) Scientific Evidence- Before making any claims about a product, businesses should ensure that they are backed by scientific evidence.

2) Transparency– Businesses should be transparent about their products and services. This includes providing accurate information about product specifications, prices, and customer testimonials.

3) Regulatory approval– There is a need to amend Drugs and Magic Remedy Act so that Ayurvedic medicines sold through misleading advertisements can be stopped.

Question for practice:

How does misleading advertisement endanger the interest of consumers? What steps can be taken to address this problem?

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