Consumer Connect: 'Irresponsible Advertisements Aimed At Kids Are Actionable,' Says Expert

Q. We often see ads using children as models promoting junk food or products, with misleading claims. Also, there are disclaimers which cannot be so easily read. Is there any statutory authority where one can complain? What action can be taken against fine print disclaimers? Are there any laws in this regard? – Nivedita Babtiwale, Andheri West A.

You have raised a very important issue. Consumer Protection Act (CPA), 2019, has created the Central Consumer Protection Authority (CCPA) under section 10 to regulate matters relating to false or misleading advertisements, prejudicial to the public interest. This authority is vested with adequate powers to regulate and discipline advertisers and advertisements under section 21 of the CPA. In June 2022, the CCPA issued elaborate guidelines for prevention of misleading ads. Clause 8 of these guidelines deals with ads targetted at children. It provides certain dos and don’ts for advertisers.

These guidelines put specific restrictions on advertisers. According to them, the ads aimed at children shall:

1. Not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous

2. Not exaggerate features of product or service in such a manner to lead children to have unrealistic expectations

3. Not condone or encourage practices that are detrimental to children’s physical health or mental well being

4. Not claim that consumption of a product advertised shall have an effect on enhancing intelligence or physical ability or bring exceptional recognition without any valid substantiation or adequate scientific evidence

5. Not claim any health or nutritional benefits without being adequately and scientifically substantiated by a recognised body

6. Not publish any claims related to any drugs, dietary supplements, medical instruments, cosmetic products, cosmetic surgery, which are averse to physical and mental health

7. Not be such as to develop negative body image

8. Not give any impression that such products are better than natural or traditional food Pertinently, these guidelines also prescribe certain restrictions on the TV channels.

Accordingly, an advertisement for junk foods, including chips, carbonated beverages and such other snacks and drinks shall not be advertised during a programme meant for children. More particularly, channels meant exclusively for children cannot advertise such products.

Published on: Monday, June 02, 2025, 10:28 AM IST