A Study Of Falsification Of Advertisements, Misrepresentation And Consumer Deception: An Analysis Of The Legal Provisions Under The Food Safety And Standards Act, 2006
- IJLLR Journal
- 8 hours ago
- 1 min read
Harsha Rajani, BBA LLB (Hons.) MIT – World Peace University, School of Law
ABSTRACT
The proliferation of misleading and deceptive advertisements in the food industry has intensified concerns relating to consumer protection, regulatory accountability, and truthful commercial communication. This study critically examines the phenomenon of falsification of advertisements and misrepresentation within the Indian food market by analysing the legal framework established under the Food Safety and Standards Act, 2006 (FSSA). It explores how food business operators employ exaggerated claims, manipulated imagery, and ambiguous disclosures that distort consumer perception and influence purchasing behaviour. The paper evaluates statutory provisions governing false, misleading, or unfair advertisements, particularly Sections 23, 24, 52, and 53 of the FSSA, and assesses the role of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, in strengthening the preventive and punitive mechanisms against such practices. Further, the research highlights enforcement challenges such as inadequate monitoring, evidentiary burdens, digital advertising loopholes, and the limitations of penal consequences. Through doctrinal analysis, supported by case laws and administrative actions of the Food Safety and Standards Authority of India (FSSAI), the study underscores the need for stricter compliance structures and enhanced consumer awareness. The paper concludes that while the existing legal architecture offers a robust foundation, the dynamic nature of food marketing demands continuous regulatory evolution to effectively curb consumer deception and uphold public health standards.
Keywords: Advertising, Compliance, Consumer Deception, Falsification, Food Safety and Standards Act, 2006, Misleading Advertisements, Misrepresentation
