Question
Which of the following would NOT constitute a
"misleading advertisement" under Section 2(28) of the Consumer Protection Act, 2019?ÂSolution
Section 2(28) defines "misleading advertisement" as an advertisement which: (i) falsely describes product/service; (ii) gives false guarantee or is likely to mislead on nature, substance, quantity, or quality; (iii) conveys representation that would constitute unfair trade practice; or (iv) deliberately conceals material information. However, comparative advertisements that are factually accurate and based on verifiable claims do not automatically constitute misleading advertisements. The Guidelines for Prevention of Misleading Advertisements (2022) notified by CCPA clarify that comparative advertisements comparing specific, verifiable characteristics are permissible if truthful and not disparaging. The distinction is between puffery (exaggeration) and fraud (material misrepresentation); the latter violates this provision.
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