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Source-This post on SC directive on promoting products in media is based on the article “Advertisers should submit self-declarations before promoting products: SC” published in “The Hindu” on 8th May 2024.
Why in the News?
The Supreme Court has mandated that advertisers must provide self-declarations to confirm the accuracy of their product claims before advertising in the media, aiming to protect consumers from deceptive marketing.
This ruling was prompted by a case involving misleading advertisements by Patanjali Ayurved.
About the SC directive on promoting products in media
1. S.C directed the advertisers to submit self-declarations, affirming the accuracy of their product claims, before promoting them through various media channels.
2. Implementation Plans:
a) To enforce this directive effectively, advertisers are mandated to adhere to the Cable TV Network Regulations Rules of 1994.
b) Advertiser must upload their self-declarations on the Information and Broadcasting Ministry’s ‘Broadcast Seva’ portal before airing ads on TV channels. Copies of these declarations are also required to be provided to the broadcasters.
c) A similar portal for print advertisers will be established within a four-week timeframe.
3. Responsibility of Promoters: The Supreme Court has emphasized on the responsibility of social media influencers, celebrities, and public figures endorsing products. They have been urged to possess sufficient knowledge about the products they promote and to ensure that their endorsements are not contributing to deceptive advertising practices.
4. Enhanced Consumer Protection Measures:
a) Recognizing the importance of consumer empowerment, the Court has directed the Centre to establish a clear and accessible procedure for filing complaints against misleading advertisements.
b) Consumers are entitled to be informed of the outcomes of their complaints, ensuring transparency and accountability.
5. Government Action: The Ministry of Health has been directed to furnish data regarding complaints received by the Food Safety and Standards Authority of India (FSSAI) pertaining to misleading advertisements and misbranding of food and health products. This transparency aims to bolster consumer trust and regulatory efficacy in the realm of product advertising and marketing.
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