I saw a misleading advertisement about a health product in Mumbai, how to complain?

Detailed Legal Analysis

If you have encountered a misleading advertisement about a health product in Mumbai, you can file a complaint under the Consumer Protection Act, 2019 and the Advertising Standards Council of India (ASCI) Code.

Here are the steps you can take to lodge your complaint:

• Gather Evidence:
  • Collect all relevant materials related to the misleading advertisement, including screenshots, brochures, or any other promotional material.
  • Note the details of the advertisement, such as where and when it was published or aired.
• File a Complaint with ASCI:
  • Visit the official ASCI website and navigate to their complaint section.
  • Fill out the online complaint form, providing all necessary details and evidence of the misleading advertisement.
  • ASCI will review your complaint and take necessary action based on their guidelines.
• File a Consumer Complaint:
  • If you wish to pursue further action, you can file a complaint with the Consumer Forum under the Consumer Protection Act, 2019.
  • Determine the appropriate forum based on the value of the product and the jurisdiction:
    • District Consumer Disputes Redressal Forum (for claims up to ₹20 lakhs)
    • State Consumer Disputes Redressal Commission (for claims between ₹20 lakhs and ₹1 crore)
    • National Consumer Disputes Redressal Commission (for claims above ₹1 crore)
  • Prepare your complaint, including:
    • Your personal details (name, address, contact number)
    • Details of the misleading advertisement
    • Evidence of the advertisement
    • Details of the health product involved and any loss incurred
  • Submit the complaint along with the required fees.
• Contact Consumer Helpline:
  • You can also reach out to the National Consumer Helpline by calling 1800-11-4000 or 14404 for guidance on how to proceed with your complaint.

Relevant sections to note include:

• Section 2(28) of the Consumer Protection Act, 2019 defines unfair trade practices, which include misleading advertisements.
• Section 19 of the Act gives consumers the right to file a complaint against unfair trade practices.

By following these steps, you can effectively raise your concerns regarding misleading advertisements in Mumbai.