Advertisement Claim Substantiation in India: Need for Legislative Intervention

Abstract

One of the major hurdles in tackling deceptive advertisements in India is the legislative ambiguity regarding advertisement claim substantiation. Many legislations like the Consumer Protection Act 2019 and the Trademarks Act, 1999 have addressed various aspects of deceptive advertisements but has not envisaged claim substantiation process. Some sector specific legislations like the Food Safety and Standards (Advertising and Claims) Regulations, 2018 has provided a few guidelines for advertisement claim substantiation but lacks sufficient clarity and hence the consumer as well as the competitors often finds it challenging to substantiate the advertisement claim. This article critically analyses the legislative framework of advertisement claim substantiation in India and suggest a regulatory roadmap.