MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK

AUTHOR – GURDEV KAUR, STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND

BEST CITATION – GURDEV KAUR, MISLEADING ADVERTISEMENT AND CONSUMER PROTECTION IN INDIA IN COMPARISON WITH USA AND UK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 677-685, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Misleading advertising poses serious danger to market equity, consumer rights, and the overall integrity of business. This article reports on the phenomenon of deceptive advertising, examines its most prevalent forms such as false presentation, exaggeration of benefits, and hidden charges. It cites the harmful implications on consumers such as financial loss, erosion of trust, and impaired choices. The controversy is extended to global consumer protection law and the role of such regulatory bodies as the Federal Trade Commission (FTC), Advertising Standards Authority (ASA), and India’s Central Consumer Protection Authority (CCPA) in limiting such practices. Further, it outlines available remedies under the law, penalties to be imposed upon offenders, and recent enforcement proceedings. Despite such safeguards, enforcement issues—most notably in the digital advertising platform and cross-border contexts—remains a lingering concern. The article emphasizes the imperative need for consumer education and online literacy as ancillary tools in identifying and countering misleading advertisements. Finally, it advocates more stringent regulations, ethical advertising, and engaged consumer involvement to make the advertising space transparent and credible.

Keywords: Misleading Advertisement, Consumer Protection, FTC, ASA, CCPA, Consumer Protection Act 2019, Consumer Rights