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    Question

    Which of the following would NOT constitute a

    "misleading advertisement" under Section 2(28) of the Consumer Protection Act, 2019? 
    A An advertisement that falsely describes the product or gives false guarantee Correct Answer Incorrect Answer
    B An advertisement that deliberately conceals important product information Correct Answer Incorrect Answer
    C A comparative advertisement that demonstrates factual superiority of the advertised product over competitors on basis of verifiable testing Correct Answer Incorrect Answer
    D An advertisement that makes implied representation which would constitute unfair trade practice if made by the manufacturer Correct Answer Incorrect Answer
    E An advertisement that is likely to mislead consumers as to substance, quantity, or quality Correct Answer Incorrect Answer

    Solution

    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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