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

Detailed Legal Analysis

If you have encountered a misleading advertisement about a health product in Kolkata, you can file a complaint through various channels to seek redressal.

In India, misleading advertisements are governed under the Consumer Protection Act, 2019, and the guidelines issued by the Advertising Standards Council of India (ASCI). Here are the steps you can take to file a complaint:

• Identify the Nature of the Advertisement: Ensure that the advertisement is indeed misleading and violates the provisions of the Consumer Protection Act, 2019, particularly Section 2(28), which defines misleading advertisements.
• Gather Evidence: Collect all relevant evidence, such as screenshots of the advertisement, brochures, or any other promotional material. Note the date, time, and platform where you saw the advertisement.
• Contact the Advertiser: Initially, you may consider reaching out to the company directly. Often, companies have customer service or grievance redressal mechanisms in place. Document this communication.
• File a Complaint with ASCI: If the issue remains unresolved, you can file a complaint with the Advertising Standards Council of India (ASCI). You can do this through their official website. Ensure you provide all necessary details, including the misleading nature of the advertisement and supporting documents.
• Approach Consumer Forums: If ASCI does not resolve your complaint satisfactorily, or if you wish to seek further action, you can file a complaint with the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019. This can be done at the district level, state level, or national level, depending on the amount involved in the dispute.
• Documentation for Consumer Forum: Prepare your complaint including:
• Your name and contact details.
• Details of the misleading advertisement.
• Evidence you have gathered.
• Your grievance and the remedy you seek.
• File a Complaint with the Directorate of Advertising and Visual Publicity (DAVP): You can also report misleading advertisements to the DAVP, which is responsible for ensuring that advertisements comply with legal standards.

By following these steps, you can effectively lodge a complaint regarding misleading advertisements in Kolkata and seek appropriate action against the concerned entity.