Misleading Advertisements: A Cautionary Tale On Advertisement Of Consumer Goods And Services

Misleading advertisements in India have been a growing concern, particularly in sectors like healthcare, pharmaceuticals, food and consumer goods, where exaggerated or false claims can have serious consequences. For years, India has witnessed numerous legal battles over misleading advertisements, such as in the cases against Emami Limited, Zydus Wellness and Shaadi.com where companies making deceptive claims have often gotten away with minor penalties or injunctions. Unlike the previous cases, the case of Indian Medical Association v. Union of India, commonly known as the 'Patanjali case', marked a significant shift in how misleading advertising is perceived and penalized in India. The Patanjali case laid down clear directions and set the foundation for effective consumer protection by requiring the central and state governmental bodies to curb misleading advertisements in India. The Supreme Court's order dated April 23, 2024 highlighted the failure of both central