Inttl Advocare’s Post

In Indian Medical Association v. Union of India (W.P.(C) No. 645/2022, on May 7th, the Supreme Court addressed the pervasive issue of #misleading #advertisements, particularly those related to health claims by #FMCGs/drug companies. This order stemmed from a contempt case against #Patanjali over misleading ads, highlighting broader concerns about consumer protection. 🔴Key Directions: 👉1. Equal Responsibility of Advertisers and Influences: The Court emphasized the significant influence public figures, #influencers, and #celebrities wield in promoting products through endorsements. It underscored the need for them to act responsibly, sharing equal responsibility with advertisers to ensure the accuracy of product claims in advertisements. 👉2. Requirement of Self-Declaration by Advertisers: As a proactive measure, the Court mandated that advertisers must submit a self-declaration before issuing any advertisement. This self-declaration, in line with Cable Television Network Rules, 1994, is aimed at ensuring transparency and accountability in #advertising practices. 👉3. Portal for Uploading Self-Declarations: Advertisers are required to upload these self-declarations onto the Broadcast Seva Portal, overseen by the Ministry of Information and #Broadcasting. This step is crucial for ensuring that advertisements meet regulatory standards before being aired on relevant channels. 👉4. Specific Measures for Print Media: Recognizing the role of print media in advertising, the Court directed the Ministry to establish a separate portal for uploading self-declarations within four weeks. #Advertisers must comply with this requirement before placing advertisements in print media, further enhancing transparency and accountability. 🔴Court's Emphasis on Consumer Protection Throughout the ruling, the Court gave the paramount importance on consumer protection. It stressed the need for robust enforcement of #CCPA guidelines and provisions under the Consumer Protection Act to safeguard consumer rights and combat false/misleading advertisements effectively. #Advertisements #Patanjali

Let go off this controversial advertising by Bombay Shaving Company If everyone is so concerned about that girl, then why do everyone has to write their view point and screw the company. I am sure by now they would have realized that crafted advt was not in good taste. By rewriting our opinions, we are unnecessarily generating attention and even negative publicity is anyway a publicity in long run. Stop and move on....Let it Go #MeaningfulAdvertising

India's New Ad Law - What You Need to Know to Stay Ahead India has just introduced a Law to protect consumers from misleading ads. The law requires influencers to clearly label paid promotions and provides strict penalties for non-compliance. Key takeaways: - Influencers must use tags like #Ad or #Sponsored for paid promotions. - Advertisers must provide substantial evidence for any claims made about their products. - The Advertising Standards Council of India (ASCI) will oversee enforcement and take action against violators. This law marks a significant step towards ethical advertising in India, ensuring consumer interests are safeguarded and the market remains fair and transparent. Need expert guidance on navigating these new regulations or negotiating ad deals? Reach out to us for support and stay ahead of the curve. #AdConsulting #ExpertHelp #EthicalAds #ConsumerRights #ASCI #AdCompliance #ConsumerProtection #Transparency #AdLawIndia Knowing about laws can make you feel super smart 💪! If you find value in the content you may consider joining our not for profit Legal Community ! You can ask unlimited questions on WhatsApp and get answers. You can DM or send your name & number to 8208309918 on WhatsApp.

ABCs of Indian Advertising Dear Young Advertising Professionals, Don’t quit advertising because you’re tired of the processes and the higher-ups. This is a reality you’ll encounter across all organizations, industries, and sectors. But let's focus on the advertising industry. You’ll find it challenging to work in agencies laden with rules and regulations dictating your workflow. Sometimes, dealing with certain brands can be tough too. You’ll have numerous stakeholders to consult and many guidelines to adhere to. Don’t let these factors deter you from performing your best. You don’t have to rebel. Instead, take the time to understand why these processes exist in the first place. Grasp their history, their effectiveness, and most importantly, their significance. Just because you don’t agree with their logic doesn’t make you right. Even those who believe the Earth is flat think they’re right because they have what they consider credible facts and evidence. They can construct a convincing argument. If you want to change the system or even tweak it a bit, you can’t do it from the outside. Become part of it, understand it, and then propose your ideas. Bureaucracy is a big part of this industry, and no one can change it alone. Protesting or calling out behavior online will simply fall on deaf ears. Most importantly, civil conversation is key. Engage in dialogue, not a one-way rant where you list everything that’s wrong. Take a breath. Have conversations. Take time to process them. Think of ways to improve the current situation. Have conversations again! Don’t quit advertising because you’re tired of the processes and the higher-ups. Quit only if you’re out of ideas on how to work efficiently within the set rules and regulations. Quit when you’ve lost the patience to understand and navigate this bureaucratic landscape. I know it’s idealistic, but I have hope in you all. I believe in your straightforward behavior and potential to effect change. Sending you all the strength and support! Also sending you smiles! #advertising #bureaucracy #rules #guidelines #hope #ABCsOfIndianAdvertising #approvals #creativity

New Delhi: Spurred by the Supreme Court to act against misleading advertisements in the wake of the Patanjali case, the government is working on a mechanism that shields consumers from deceptive publicity without being too restrictive for industry. The mechanism would target the wrongdoers, but not trouble other advertisers. Check out here for full story : https://lnkd.in/g8QJapxN #ConsumerProtection #MisleadingAds #AdvertisingEthics #SupremeCourt #PatanjaliCase #GovernmentRegulations #TruthInAdvertising #ConsumerRights #ResponsibleMarketing #IndustryStandards #bizzbuzz #bizzbuzznews

**Historic Supreme Court Judgement: Transforming Advertising in India** In a landmark decision, the Supreme Court of India has ruled that from June 18, 2024, all advertisers and advertising agencies must obtain a self-declaration certificate for new advertisements issued, telecast, aired, or published. This judgement is set to have a significant impact on the advertising landscape in India. Here's what it means: Transparency and Accountability: This move aims to increase transparency and accountability in advertising. Advertisers will need to ensure their content is truthful and not misleading. This will likely result in more ethical advertising practices and increased consumer trust. Quality Control: Advertisers will now be more diligent about the claims they make. For example, a skincare brand claiming to reduce wrinkles in 7 days will need to substantiate such claims with evidence. This ensures higher standards and quality control in advertisements. Regulatory Compliance: Advertising agencies will need to navigate new compliance requirements. They must understand the legal implications and ensure that their campaigns adhere to the new regulations. This might involve additional training and hiring of compliance experts. Market Dynamics: This ruling could level the playing field, particularly for smaller advertisers. With everyone adhering to the same standards, the competitive advantage shifts to creativity and authenticity rather than who can stretch the truth the furthest. Consumer Impact: Consumers will benefit the most. They can expect more honest advertisements and a reduction in misleading claims. This enhances their decision-making process and protects their interests. Practical Example: Consider a health supplement company that previously advertised their product as a "miracle cure" without sufficient evidence. Under the new rule, they would need to provide a self-declaration certificate proving their claims. This ensures that only factual information reaches the consumer. Looking Ahead: As the industry adapts to these changes, we can anticipate a shift towards more responsible advertising. It’s a step forward in protecting consumer rights and promoting ethical business practices. Let’s embrace this change and look forward to a more transparent and trustworthy advertising environment in India. #SupremeCourt #India #Advertising #Ethics #ConsumerRights #Transparency #Regulation #Marketing #Compliance #BusinessEthics #Innovation #Leadership

The Indian government is planning to introduce a unified system for managing consumer complaints related to misleading advertisements, according to a Mint report. At present, complaints are directed to Broadcast Seva, the Press Council of India, and the National Consumer Helpline. The goal is to streamline the process and reduce delays and inconsistencies, as multiple platforms often lead to inefficient handling of grievances, a source told Mint on the condition of anonymity. Earlier this year, the Supreme Court sharply criticised consumer goods company Patanjali for its misleading advertisements, leading the court to require advertisers to provide a self-declaration certificate before releasing their ads. The government plans to present its proposal for a unified mechanism to the Supreme Court this week through the Information & Broadcasting and Consumer Affairs ministries. This move is expected to be part of their response to the court's reprimand last month for failing to register enough complaints regarding misleading health claims by companies. A single data centre to collect and manage all complaints about misleading advertisements will ensure more efficient and seamless handling of issues, a second source told Mint. As reported by Mint, the three meetings held with stakeholders summarise all feasible suggestions for submission which will prevent the need for repeated engagement between stakeholders and the government to address any violations.

#AdgullyFestiveMood: Digital promotions, WhatsApp marketing powering Panasonic’s festive strategy In an insightful conversation with Adgully, Dhiraj Sharma, Head of Marcom & Brand, Panasonic India, sheds light on the consumer behaviour and market trends this festive season. Against a backdrop of strong economic growth and rising per capita income, Sharma observes an optimistic consumer sentiment, with a boost in spending anticipated across high-demand sectors like electronics and home appliances and more... read more: https://lnkd.in/d_C_t78u ✍ Vaishnavi Yadav #festivemarketing #festiveseason

Supreme Court passes a historic rule! From 18th June, Supreme Court has mandated all companies to submit a self-declaration form before advertising any product. The self-declaration form forces companies to declare that their advertisements do not contain any misleading claims. The supreme court has also asked influencers and celebrities to endorse products with a sense of responsibility. In addition to reducing false claims in the food industry, this new rule can prevent educational institutions from exaggerating their job placements and real-estate companies from misleading their buyers. This rule can be historic can help India progress from "mindless capitalism" to "conscious capitalism"!

cosmetics industry too...