Consumer Connect: 'CCPA Better Platform To Report Misleading Ads,' Says Expert

Q: I often find advertisements on various TV channels which appear misleading or make false or unbelievable claims about certain products. Which is a better and more effective platform to lodge such complaints – Consumer Courts or Advertising Standards Council of India (ASCI), and why? – Neha Joshi, Goregaon A:

Under the Consumer Protection Act, 2019, there are two statutory platforms where complaints against false or misleading advertisements can be filed: the Consumer Commissions at district, state and national levels, and the Central Consumer Protection Authority (CCPA) based in Delhi. In contrast, the Advertising Standards Council of India (ASCI) is a voluntary self-regulatory body created by the industry. ASCI has a well-organised complaint handling system to investigate misleading advertisements.

Its complaint committee includes domain experts, consumer representatives, and industry members. It is relatively quick in handling complaints and often leads to voluntary withdrawal or modification of advertisements, especially in digital and influencer marketing. However, ASCI does not have statutory powers to penalise or enforce compliance. If an advertiser refuses to act, ASCI has limited recourse, despite claiming a high compliance rate. No fee is required to file a complaint with ASCI. Consumer commissions are statutory forums where consumers can file complaints against false, misleading, or deceptive advertisements. However, the complainant is generally required to be a “consumer” who has purchased the product or service in question.

These commissions can order withdrawal of misleading advertisements, award compensation for losses, and direct corrective advertisements to neutralise the impact of false claims. Filing fees range from `100 to `7,500 depending on the value of the product or service. The burden of proving that an advertisement is false or misleading lies on the complainant, which can be challenging without technical or scientific evidence. Additionally, the adjudication process may be complex and time-consuming.

The Central Consumer Protection Authority (CCPA) is a more effective platform for complaints against misleading advertisements seen on TV or social media. As a statutory authority under the Act, it is empowered to take action against such advertisements. A complainant need not be a consumer of the product. Any person can file a complaint by providing details of the advertisement, the platform on which it appeared, supporting proof, and reasons for considering it misleading (email: ccpa-doca@gov.in mail to ccpa-doca@gov.in)

CCPA has its own investigation wing to examine such complaints. No fee is required. If it finds a prima facie case, it issues a show cause notice to the advertiser. Importantly, it can also take action against celebrities or influencers endorsing such advertisements. If an advertisement is found to be misleading, the CCPA can impose penalties of up to `10 lakh on the manufacturer or endorser, and may prohibit endorsers from promoting any product for up to one year. CCPA is a more effective platform for viewers to lodge complaints against false or misleading advertisements.

(Advocate Shirish V Deshpande is chairman, Mumbai Grahak Panchayat. Queries can be sent to him on email: shirish50@yahoo.com)

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Published on: Monday, April 06, 2026, 11:25 AM IST