Govt heat on misleading food ads as self-regulation fails

NEW DELHI: The government is set to target misleading advertisements since the "self-regulation" by advertisers has not happened in a manner in which it was envisaged. While misleading advertisements related to food items are likely to be the priority, a new mechanism to deal with this menace will also target health, housing, education and agriculture sectors. 

As per the plan, both print and audio-visual advertisements will be under scanner and there is also a proposal to check the misleading hoardings. 

Sources said at a meeting called by the consumer affairs department last week, a proposal was mooted to have a "subgroup" having members from the government departments, NGOs and consumer issues experts that can receive complaints, identify the misleading aspects and suggest action. This mechanism would be a stop-gap arrangement until a Consumer Protection Authority is established. 

The authority has been proposed in the draft amendment of Consumer Protection Act. "While the authority will have the power to take cases suo motu and will have the mandate to take strict action against the misleading advertisers, we can't allow the consumers to be misled," said an official. 

Some of the participants in the meeting said Food Safety and Standards Authority of India (FSSAI) has prepared advertising standards for food items. One of them said, "This can come handy to set the standards for food items related advertisements." 

Professor Ashok R Patil, chair on consumer law and practice at National Law School of India University, Bangalore, said at present each sector has a regulatory authority and a couple of laws related to the misleading advertisements or unsafe trade practices exist. "But hardly these are enforced. Once the sub-group establishes the misleading advertisement, it can ask regulators to take necessary action against the advertisers as per law," he said. 

Sources said some of the experts are also of the opinion that the misleading advertisers must be made to pay penalty and publish or broadcast a "counter advertisement" to neutralize their earlier act.