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Misleading Advertisement: A Critical Analysis With Reference To The Case Of Indian Medical Association V. Union Of India, W.P. © NO, 645/2022




Dibakar Dam, BBA LLB, School of Law, Brainware University, Barasat, India


ABSTRACT


Advertising plays a significant part in impacting consumer choice. Therefore, it is crucial that advertisement Are fair, truthful and do not mislead consumers, despite the enactment of consumer protection at 1986 and the shift from “Caveat Emptor” to “Caveat Venditor”, Indian manufacturer and service providers continue to exploit consumers. While the consumer Protection Act does not specifically address misleading advertisement, it does Prohibit unfair Trade practices and provides remedies for such cases. However, these provisions may not be sufficient to regulate. All aspect of advertisements, in contrast several Indian legislation and landmark judgments like the “Indian Medical Association versus Union of India, WP © No, 645/2022” have specific laws dealing with advertisements. This paper aims to conduct a thorough comprehensive comparative and critical study of misleading advertisements in India.


Keywords: Misleading advertisement, consumer protection, unfair trade practices.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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