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—misleading-advertisement-complaint-india [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(Misleading Advertisement Complaint in India: 2026 Citizen Guide)
 +metatag-description=(How to complain against a misleading ad in India in 2026: CCPA portal, ASCI, NCH 1915, sectoral regulators, evidence checklist, sample texts.)
 +metatag-keywords=(misleading advertisement complaint india, ccpa complaint, asci complaint, surrogate advertising india, celebrity endorsement liability, false advertising consumer protection act, misleading ad ccpa fine, ascionline complaint, edtech misleading ad)}}
 +
 +====== Misleading Advertisement Complaint in India: 2026 Citizen Guide ======
 +
 +
 +
 +{{ :social:auto:misleading-advertisement-complaint-india.png?direct&1200 |Misleading Advertisement Complaint in India: 2026 Citizen Guide — RTI Wiki}}
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** How to complain against a misleading ad in India in 2026: CCPA portal, ASCI, NCH 1915, sectoral regulators, evidence checklist, sample texts.
 +</WRAP>
 +
 +Saw an ad that promised a guaranteed job, a "100% safe" investment, a "miracle" cure, or a coaching course "endorsed" by a celebrity who never actually endorsed it? You can complain, and the law in 2026 has real teeth.
 +
 +<WRAP important>
 +**Direct answer.** A misleading advertisement in India can be reported to the Central Consumer Protection Authority (CCPA) via the National Consumer Helpline portal at consumerhelpline.gov.in or by calling 1915. The Advertising Standards Council of India (ASCI) at ascionline.in handles content complaints under the ASCI Code. CCPA can order corrective ads, ban endorsers for up to three years, and impose penalties up to rupees ten lakh (rupees fifty lakh on repeat). Always preserve a screenshot or recording before complaining.
 +</WRAP>
 +
 +===== Quick Answer =====
 +
 +A misleading ad in India is one that falsely describes a product, gives a false guarantee, hides material information, or deceives the consumer. Citizens can complain to the CCPA through consumerhelpline.gov.in or 1915, file a parallel complaint with ASCI at ascionline.in, and approach a sectoral regulator (SEBI, IRDAI, RBI, FSSAI, Ministry of Ayush) when the product touches that sector. Save proof first.
 +
 +===== What Counts as a "Misleading Advertisement" Under Indian Law =====
 +
 +The Consumer Protection Act 2019 (CPA 2019) at Section 2(28) defines a misleading advertisement in relation to any product or service as one that:
 +
 +  * falsely describes the product or service;
 +  * gives a false guarantee, or is likely to mislead consumers about its nature, substance, quantity or quality;
 +  * conveys an express or implied representation that, if made by a manufacturer, seller or service provider, would be an unfair trade practice;
 +  * deliberately conceals important information.
 +
 +The phrase "deliberately conceals important information" matters. Many real-world misleading ads in India are not technically false. They simply hide the fine print: the "guaranteed placement" applies only if you score 90%, the "free" course charges processing fees, the "RBI-approved" claim refers to a payment partner not the lender. A complaint can succeed on concealment alone.
 +
 +===== Who Enforces the Rules: CCPA, ASCI, Sectoral Regulators =====
 +
 +Three layers act in parallel.
 +
 +**Central Consumer Protection Authority (CCPA).** Created under Sections 10 to 27 of the CPA 2019, the CCPA is a statutory regulator under the Department of Consumer Affairs. It can investigate misleading ads on its own motion or on a complaint, order the advertiser to discontinue or modify the ad, order a corrective advertisement at the advertiser's cost, prohibit an endorser from endorsing any product for up to one year (and up to three years on a repeat violation), and impose penalties.
 +
 +**Advertising Standards Council of India (ASCI).** A self-regulatory industry body. Its Code for Self-Regulation in Advertising covers truthfulness, decency, harm and fair competition. ASCI cannot impose statutory fines, but its Consumer Complaints Council (CCC) decisions are widely respected, and ASCI has a formal Memorandum of Understanding with the Ministry of Information and Broadcasting and with several sectoral regulators. Many violators withdraw the ad once an ASCI complaint is upheld.
 +
 +**Sectoral regulators.** Where the product is regulated, the sectoral regulator is often the fastest route:
 +
 +  * Securities and Exchange Board of India (SEBI) at sebi.gov.in for investment-tip and stock-recommendation ads.
 +  * Insurance Regulatory and Development Authority of India (IRDAI) at irdai.gov.in for insurance ads.
 +  * Reserve Bank of India (RBI) at rbi.org.in and cms.rbi.org.in for ads of regulated banks, NBFCs and digital lenders.
 +  * Telecom Regulatory Authority of India (TRAI) for telecom service ads.
 +  * Food Safety and Standards Authority of India (FSSAI) at fssai.gov.in for food and nutraceutical claims.
 +  * Ministry of Ayush for claims of cure under DMR Act 1954 / Drugs and Cosmetics Act 1940.
 +  * Department of Pharmaceuticals for drug ads.
 +
 +===== CCPA Powers Under Sections 18 to 22 in Plain Language =====
 +
 +Section 18 lists the CCPA's powers and functions. In a citizen-friendly summary:
 +
 +  * **Section 18(2)(b)**: protect, promote and enforce consumer rights.
 +  * **Section 19**: power to inquire or cause an inquiry into any violation, including suo motu.
 +  * **Section 20**: power to issue safety notices and to recall goods.
 +  * **Section 21**: power to issue directions and impose penalties for false or misleading advertisements. The CCPA may impose a penalty up to rupees ten lakh on the manufacturer, advertiser or endorser for the first contravention, and up to rupees fifty lakh for every subsequent contravention.
 +  * **Section 22**: power to prohibit a misleading endorser from making any endorsement of any product or service for one year, extendable to three years on repeat.
 +
 +===== ASCI Code: The Self-Regulatory Backbone =====
 +
 +ASCI's Code rests on four chapters:
 +
 +  * **Chapter I**: ads must be truthful and honest; they must not mislead by inaccuracy, ambiguity, exaggeration, omission or otherwise.
 +  * **Chapter II**: ads must not be offensive to generally accepted standards of public decency.
 +  * **Chapter III**: ads must not promote products whose use is harmful, especially to minors.
 +  * **Chapter IV**: ads must observe fair competition.
 +
 +Beyond the four chapters, ASCI has built specific guidelines on celebrity endorsements, disclaimers, comparative advertising, ads targeting children, education ads, real-estate ads, online gaming, virtual digital assets (crypto and similar), influencer marketing, and gender stereotypes. Most of these are aligned with CCPA's own 2022 Guidelines for Prevention of Misleading Advertisements and Endorsements.
 +
 +===== Surrogate Advertising in India =====
 +
 +Surrogate ads sell something forbidden under the cover of something allowed. The classic example is a liquor brand placing an ad for a music CD or "playing cards" that uses identical branding, packaging and visual language as its alcohol product. The Cable Television Networks (Regulation) Act 1995 and the Cable Television Networks Rules 1994 prohibit ads of products whose advertising is otherwise restricted. The 2022 CCPA guidelines explicitly outlaw surrogate ads.
 +
 +If a citizen sees an ad where:
 +
 +  * the brand and the visual signature exactly match a banned product;
 +  * the "real" product being shown (water, soda, music CD, glassware) is rarely actually sold; and
 +  * the ad communicates the lifestyle of the banned product;
 +
 +a CCPA complaint and an ASCI complaint together are the right route.
 +
 +===== Celebrity-Endorsed Misleading Ads: Endorser Liability =====
 +
 +Until 2019, an endorser could often plead "I just acted in the ad." That defence is now narrow. Section 21(5) of CPA 2019, read with the 2022 Guidelines, requires:
 +
 +  * an endorser to have **due diligence** before endorsing, which means verifying the claim;
 +  * a celebrity endorsement of an investment or financial product to be backed by the endorser's own genuine, reasonable enquiry;
 +  * any material connection (paid promotion, gifted product, family ownership) to be disclosed prominently in the ad.
 +
 +Failure can lead to a Section 22 endorsement ban and a Section 21 penalty. Several high-profile pan-masala, fantasy-gaming and edtech cases since 2022 have moved on these provisions.
 +
 +===== Common Misleading Ad Patterns Citizens Report in 2026 =====
 +
 +==== Edtech and Coaching ====
 +
 +  * "100% placement guarantee" without disclosing that the guarantee triggers only after a 90% attendance and a 90% test score, or after a clawback agreement.
 +  * "Endorsed by IIT / IIM / a celebrity" when the educator is a one-time guest lecturer or has no formal tie. Cross-reference [[https://righttoinformation.wiki/fake-job-executive-course-scams-india|Fake Job and Executive Course Scams in India]] and [[https://righttoinformation.wiki/executive-education-certificates-india|Executive Education Certificates in India]].
 +  * "AICTE / UGC approved" when the institution has no such approval, only a partnership with someone who has.
 +  * Refund policy hidden in a 14-page T&C accepted by clicking I Agree. See [[https://righttoinformation.wiki/coaching-institute-refund-rights-india|Coaching Institute Refund Rights in India]].
 +
 +==== Health, Wellness and Ayush ====
 +
 +  * "Cures diabetes / cancer / infertility / hair loss permanently in 30 days." The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 (DMR Act) directly prohibits ads claiming a cure for the diseases listed in its Schedule.
 +  * "100% Ayurvedic, no side effects" without an Ayush licence number.
 +  * "Doctor-recommended" without naming any doctor or showing approval.
 +  * Weight loss devices that "burn fat while you sleep" with no clinical study.
 +
 +==== Health-Tech and Diagnostics ====
 +
 +  * "FDA-approved" when only a US-FDA registration exists, not Indian CDSCO approval.
 +  * "Detect 50 diseases from a drop of blood" without published validation studies.
 +
 +==== Fintech and Investment ====
 +
 +  * "RBI-approved app" for a digital lender that is at best a partner of an NBFC.
 +  * "Guaranteed 18% returns" for any market-linked product. SEBI advertising code prohibits guaranteed-return language for mutual funds and PMS.
 +  * "Risk-free crypto investing." The Virtual Digital Assets ASCI guideline specifically requires risk disclaimers and prohibits "risk-free" claims.
 +  * "Tax-saver" investment that is not actually a Section 80C eligible scheme.
 +
 +==== Insurance ====
 +
 +  * "Free insurance for life" where the cover lapses after one year of paid premiums.
 +  * "Money back" ads without clarifying that the bonus is non-guaranteed.
 +  * Misleading return illustrations that show only the maximum projected scenario.
 +
 +==== Real Estate ====
 +
 +  * "Ready to move in" when the project lacks an Occupation Certificate.
 +  * "RERA approved" when only registration exists; no quality endorsement is implied by registration.
 +
 +==== Online Gaming and Fantasy Sports ====
 +
 +  * "Win lakhs daily" with disclaimers in 1-pixel font.
 +  * Skill-game ads that are de facto gambling, in States that prohibit such gaming.
 +
 +==== Telecom and DTH ====
 +
 +  * "Unlimited" data ads where unlimited means until a 1.5 GB daily fair-usage cap.
 +
 +===== A Quick Comparison: CCPA vs ASCI vs Sectoral Regulator =====
 +
 +^ Forum ^ Statutory Force ^ Typical Outcome ^ Use When ^
 +| CCPA via consumerhelpline.gov.in or NCH 1915 | Yes, under CPA 2019 | Withdrawal, corrective ad, fine up to rupees fifty lakh, endorsement ban | The ad misleads or omits material info |
 +| ASCI at ascionline.in | Self-regulatory, but widely respected and tied to MIB MoU | Ad pulled / modified, public listing of upheld complaints | Code violation, faster industry response |
 +| SEBI / IRDAI / RBI / FSSAI / Ayush | Yes, sector-specific | Sector penalty, licence action | Product is regulated by that sector |
 +| Consumer Commission (District / State / NCDRC) | Yes, under CPA 2019 | Refund, compensation, damages | You suffered loss as a buyer |
 +
 +===== Step by Step: How to File =====
 +
 +==== Step 1: Preserve evidence first ====
 +
 +Open the ad and capture:
 +
 +  * a screenshot, or a screen recording, with the timestamp visible;
 +  * the URL, app screen, programme name, channel, date and time slot;
 +  * the brand name, advertiser name, and any endorser shown;
 +  * the page where the offer was made, and the page where it later disappeared.
 +
 +Save the file under a clear name like `2026-05-10_Brand_AdScreenshot.png`. Don't only rely on a "share" link, since pulled posts vanish.
 +
 +==== Step 2: File on the CCPA / NCH portal ====
 +
 +  - Go to [[https://consumerhelpline.gov.in|consumerhelpline.gov.in]].
 +  - Register with mobile OTP. The portal is multilingual.
 +  - Choose "Lodge Grievance" and the closest sector.
 +  - Attach the screenshots, a one-page narrative, and the ad's URL.
 +  - Note the docket number.
 +
 +You can also call **1915**, the National Consumer Helpline, in 17 languages.
 +
 +==== Step 3: File with ASCI ====
 +
 +  - Go to [[https://www.ascionline.in|ascionline.in]].
 +  - Open "Complain Against An Ad".
 +  - Upload the ad as image, video or URL.
 +  - Cite the chapter and clause of the ASCI Code you believe is breached. Even a layperson description ("misleading omission of material conditions") works.
 +  - ASCI's Consumer Complaints Council usually decides within 5 to 6 weeks.
 +
 +==== Step 4: File with the sectoral regulator (in parallel) ====
 +
 +  * **SEBI**: SCORES portal at scores.sebi.gov.in.
 +  * **IRDAI**: bimabharosa.irdai.gov.in or igms.irda.gov.in.
 +  * **RBI**: cms.rbi.org.in for banks and NBFCs.
 +  * **FSSAI**: foodsafetymitra.fssai.gov.in.
 +  * **Ministry of Ayush**: ayushgcp.ayush.gov.in for Ayush product complaints.
 +
 +==== Step 5: Consider a consumer-court route ====
 +
 +If you actually paid money based on the ad and suffered loss, file before a District / State Consumer Commission or the National Consumer Disputes Redressal Commission. Step-by-step instructions are at [[https://righttoinformation.wiki/consumer-court-how-to-file-india|Consumer Court: How to File in India]] and [[https://righttoinformation.wiki/file-consumer-complaint-ncdrc-2026|File a Consumer Complaint at NCDRC 2026]].
 +
 +<WRAP alert>
 +**Critical**: Do NOT delete your chats with the advertiser, the screenshots, or the original ad URL after filing. Many complaints are dismissed for want of evidence months later when the brand denies the claim. Keep a folder, both on your phone and on a cloud backup.
 +</WRAP>
 +
 +===== Sample Complaint Text 1: To CCPA / NCH =====
 +
 +<WRAP center round box>
 +**Subject**: Complaint against misleading advertisement of [Brand / Product Name]
 +
 +Sir / Madam,
 +
 +I, [Name], a citizen of India residing at [city], am filing a complaint under the Consumer Protection Act 2019 against a misleading advertisement of [Brand / Product Name], published on [date and platform], at the URL / channel: [URL or programme].
 +
 +The advertisement claims [exact claim, in quotes from the ad]. This claim is misleading because:
 +
 +  - The advertised guarantee is conditional on terms which the ad does not disclose;
 +  - [Other specific issue: false approval, hidden fees, omitted disclaimer];
 +  - The endorsement of [endorser, if any] does not appear backed by due diligence as required under Section 21(5) of the CPA 2019.
 +
 +I attach the screenshots / recording.
 +
 +I request the Central Consumer Protection Authority to:
 +
 +  * Order discontinuance and corrective advertisement under Section 21;
 +  * Impose penalty under Section 21;
 +  * Consider an endorsement ban under Section 22;
 +  * Refer the matter to the appropriate sectoral regulator if needed.
 +
 +Yours faithfully,
 +
 +[Name]
 +
 +[Mobile, Email, Address, Date]
 +</WRAP>
 +
 +===== Sample Complaint Text 2: To ASCI =====
 +
 +<WRAP center round box>
 +**Subject**: ASCI complaint against misleading ad of [Brand]
 +
 +Dear ASCI,
 +
 +I am filing a complaint under the ASCI Code for Self-Regulation in Advertising against [Brand / Product] for an advertisement [where it was seen, date, and URL or recording].
 +
 +The ad in my view violates:
 +
 +  * Chapter I (Truthfulness): the ad makes a claim that the product cannot reasonably substantiate and omits material conditions of the offer.
 +  * Where applicable, the ASCI Guideline on Celebrity Endorsement / Education Ads / VDA / Influencer Marketing as relevant.
 +
 +The specific claims I am questioning are:
 +
 +  - "[Quoted claim from the ad]"
 +  - "[Quoted claim from the ad]"
 +
 +I attach evidence and request that the matter be placed before the Consumer Complaints Council.
 +
 +Yours faithfully,
 +
 +[Name, Mobile, Email]
 +</WRAP>
 +
 +===== Surrogate, Celebrity and Influencer: Special Disclosures =====
 +
 +==== Influencer disclosure ====
 +
 +The ASCI guideline on influencer advertising in digital media requires every paid post, story or reel to carry a clear and upfront disclosure such as `#ad`, `#sponsored`, `#partnership` or "Paid promotion by [Brand]". The disclosure must be in a place where it cannot be missed. A `#ad` buried at the end of 30 hashtags is not compliant.
 +
 +==== Material connection ====
 +
 +CCPA's 2022 Guidelines require disclosure of any material connection between the endorser and the advertiser, including monetary payment, free product, family relationship and equity stake. A celebrity who owns the brand must say so.
 +
 +==== Celebrity due diligence ====
 +
 +A celebrity endorsing a product must, before endorsing, satisfy themselves that the claim is truthful. They cannot, after the fact, plead they were "only acting." The endorsement-ban power under Section 22 turns on this.
 +
 +===== Evidence Preservation Checklist =====
 +
 +<WRAP tip>
 +**Evidence checklist before filing**
 +
 +  * [ ] Full-screen screenshot of the ad with timestamp.
 +  * [ ] Screen recording of the ad in motion (TV, YouTube, Reel).
 +  * [ ] URL, app version, channel, date and time slot.
 +  * [ ] Brand name, advertiser name, agency name (if visible), endorser name.
 +  * [ ] Any T&C, fine print, or disclaimer in the ad (cropped close).
 +  * [ ] Your call recording or chat with the advertiser, if you contacted them based on the ad.
 +  * [ ] Bank statement showing payment, if you paid.
 +  * [ ] Original ad creative URL preserved on archive.org / archive.today.
 +  * [ ] Brand's social handles and email IDs.
 +  * [ ] Cloud backup (Drive / OneDrive / iCloud).
 +</WRAP>
 +
 +===== Edtech Case Pattern: What a Typical Complaint Looks Like =====
 +
 +A common 2026 fact pattern: an edtech promises a "guaranteed placement at a Fortune 500 company" for a fee of rupees one lakh and twenty thousand. The student joins, finishes the course, and is told the guarantee triggers only after a 90% test, a 95% attendance, and a one-year non-compete with other coaching brands. The student didn't see those terms upfront because they were inside a 14-page T&C.
 +
 +A clean complaint:
 +
 +  - Records the homepage, registration page, and the offer page on archive.today.
 +  - Screenshots the live ad and the email pitch.
 +  - Lists the omitted material conditions.
 +  - Cites Section 2(28)(d) of CPA 2019 (concealment of important information) and Section 21.
 +  - Requests a corrective advertisement, a refund order via the consumer commission, and parallel ASCI action.
 +
 +For the refund half of the dispute, see [[https://righttoinformation.wiki/coaching-institute-refund-rights-india|Coaching Institute Refund Rights in India]].
 +
 +===== Health and Ayush: The DMR Act Quick Map =====
 +
 +The DMR Act 1954 prohibits ads that suggest:
 +
 +  * cure for diabetes mellitus, cancer, AIDS, leucoderma, leprosy, sexual impotence, premature ageing, sterility in men or women;
 +  * any of the diseases or conditions listed in the schedule and rules.
 +
 +A "permanent cure for diabetes in 30 days" ad is on its face illegal. The right complaint route is the District Drugs Controller and the State FDA, with a parallel CCPA complaint, and an FIR under Sections 318 and 319 of the Bharatiya Nyaya Sanhita 2024 (cheating and personation) where the seller fraudulently induced payment.
 +
 +===== Online Gaming, VDA and Crypto Ads =====
 +
 +The 2022 ASCI guidelines on online gaming for real money require:
 +
 +  * disclaimer covering at least 20% of the ad space, in a font equally prominent;
 +  * the disclaimer to read "This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk."
 +
 +For Virtual Digital Assets, the ASCI guideline requires:
 +
 +  * the disclaimer "Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions."
 +  * no "currency", "depositor protection" or "guaranteed returns" language.
 +  * full duration audio + visual disclaimer in motion ads.
 +
 +===== Real-Estate Ads: RERA Crosscheck =====
 +
 +Section 11(2) of the Real Estate (Regulation and Development) Act 2016 (RERA) makes it mandatory for any advertisement of a project to display the RERA registration number and the website address of the State RERA. Any project ad without those is a per-se RERA violation, and consumers can complain to the State RERA in addition to CCPA / ASCI.
 +
 +A "ready to move in" claim is misleading if no Occupation Certificate has been issued. Always cross-check at the State RERA portal before paying.
 +
 +===== Cross-Border Ads and Indian Citizens =====
 +
 +Even if a misleading ad originates outside India, if it targets Indian consumers (Indian language ad copy, INR pricing, India-specific offers, geo-targeted display), CCPA can act. Section 19(1) read with Section 2(28) does not turn on the advertiser's location. Indian platforms hosting the ad have a take-down obligation under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.
 +
 +===== When the Misleading Ad Was Also a Recruitment / Job Trap =====
 +
 +Some misleading ads pretend to be "executive courses" or "international fellowships" that are really front-funnels for selling expensive certificates with no employer recognition. If you paid because of such an ad, see [[https://righttoinformation.wiki/fake-job-executive-course-scams-india|Fake Job and Executive Course Scams in India]] and [[https://righttoinformation.wiki/fake-university-degree-scam-india|Fake University Degree Scam in India]]. If a "recruiter" reached out from a fake LinkedIn handle promising a job after a paid course, see [[https://righttoinformation.wiki/fake-linkedin-recruiter-scam-india|Fake LinkedIn Recruiter Scam in India]].
 +
 +If the ad was a finance / loan ad and you ended up trapped, see [[https://righttoinformation.wiki/loan-app-harassment-india|Loan App Harassment in India]] and the partner article [[https://righttoinformation.wiki/rbi-emi-loan-complaint-guide|RBI EMI and Loan Complaint Guide]].
 +
 +===== Frequently Asked Questions =====
 +
 +==== Is reporting a misleading ad free? ====
 +
 +Yes. Filing a complaint at consumerhelpline.gov.in, calling 1915, or filing with ASCI at ascionline.in is free of cost for the consumer. There is no fee to lodge a CCPA grievance. A consumer commission case under the CPA 2019 has a small statutory fee that depends on the claim value, with very low slabs for District Commission claims. The system is designed to be accessible to ordinary citizens, not litigants only. Always note your docket number after filing, since you will need it for any follow-up or escalation.
 +
 +==== How long does CCPA take to act? ====
 +
 +Timelines vary. Many CCPA-led actions follow an internal investigation that can run from a few weeks to several months, especially when expert opinion (medical, financial, technical) is needed. CCPA has a track record of public action against high-profile misleading ads since 2022, including pan-masala, fantasy gaming and edtech sector ads. ASCI's Consumer Complaints Council typically decides within 5 to 6 weeks. A consumer commission case can take longer, but you can simultaneously seek an interim direction.
 +
 +==== Can I complain anonymously? ====
 +
 +ASCI accepts complaints from a named complainant. CCPA filings on the NCH portal require an account with mobile OTP. You can request that your identity not be disclosed to the advertiser, but you cannot fully hide it from the regulator. If you fear retaliation (especially in real-estate, lending, or gaming ad complaints), keep a written request to the regulator that they use your details only internally and route their notice to the advertiser without naming you.
 +
 +==== What if the brand denies the claim ever existed? ====
 +
 +This is exactly why evidence-first matters. Save the screenshot, screen recording and URL on the day you saw the ad. Mirror the page to archive.org and archive.today. Many brands silently update their landing page after a complaint and then deny the original wording. With timestamped, archived copies, the regulator is on solid ground. Without them, the file is often closed for want of evidence.
 +
 +==== Is a celebrity personally liable? ====
 +
 +Under Section 21(5) and Section 22 of the CPA 2019, an endorser who fails to do reasonable due diligence before endorsing can face a penalty under Section 21 and a ban from endorsing any product under Section 22 for one year, extendable to three years on repeat. Several enforcement actions since 2022 have been on record. The cleanest cases involve financial products, health products, and pan-masala surrogates where the celebrity is the centre of the ad.
 +
 +==== What about influencer reels and stories? ====
 +
 +The ASCI Guideline on Influencer Advertising in Digital Media applies to any paid promotion. The disclosure (`#ad`, `#sponsored`, `#partnership`) must be at the very top of the post or at the start of the video, in a way the average viewer cannot miss. CCPA's 2022 Guidelines also require disclosure of any material connection. Failure exposes both the brand and the influencer to CCPA action, and exposes the influencer to ASCI Code action separately.
 +
 +==== Does a fine print disclaimer save the ad? ====
 +
 +Almost never. Disclaimers must be clear, prominent, and material to the audience that sees the ad. A 1-pixel disclaimer at the bottom of a Reel, a disclaimer that flashes for one frame in a 30-second TV spot, or a disclaimer hidden inside a click-through T&C, all fail the ASCI Code and CCPA's 2022 Guidelines. The ad is judged by what an ordinary consumer would understand, not by what a lawyer can find.
 +
 +==== Can I file an FIR for a misleading ad? ====
 +
 +Yes, where the ad caused you to part with money based on a deliberate falsehood. Sections 318 (cheating) and 319 (cheating by personation) of the Bharatiya Nyaya Sanhita 2024 are usable. Where the ad violates the DMR Act 1954, an offence under that Act is also made out. An FIR is a parallel route to CCPA, ASCI and consumer commission action; you can pursue all three.
 +
 +==== Will my complaint show up in public? ====
 +
 +ASCI's Consumer Complaints Council decisions are typically published in summary form at ascionline.in. CCPA orders against advertisers are also commonly published in the public domain on consumeraffairs.nic.in. Your personal contact details are not disclosed; the brand and the substance of the complaint are. This public record is a strong deterrent.
 +
 +==== Does it help to also tag the brand on social media? ====
 +
 +It can. A polite public post, with the screenshot and the regulator docket number, often results in a quicker brand response. But never use abusive language, never attribute fraud without evidence, and never name individual employees. Stick to the ad text, your evidence, and the regulator references. Many citizens have got refunds and corrective posts within days of a calm public escalation alongside the formal complaint.
 +
 +===== Sources and Official Links =====
 +
 +  * Consumer Protection Act 2019, full bare Act, especially Sections 2(28), 10 to 27, 18 to 22: consumeraffairs.nic.in.
 +  * CCPA Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022: consumeraffairs.nic.in.
 +  * National Consumer Helpline: [[https://consumerhelpline.gov.in|consumerhelpline.gov.in]] and 1915.
 +  * E-Daakhil: [[https://e-jagriti.gov.in|e-jagriti.gov.in]] for consumer commission filings.
 +  * Department of Consumer Affairs: [[https://consumeraffairs.nic.in|consumeraffairs.nic.in]].
 +  * Advertising Standards Council of India: [[https://www.ascionline.in|ascionline.in]] and the ASCI Code chapters and guidelines.
 +  * SEBI SCORES: scores.sebi.gov.in.
 +  * RBI Complaint Management System: [[https://cms.rbi.org.in|cms.rbi.org.in]].
 +  * IRDAI Bima Bharosa: bimabharosa.irdai.gov.in.
 +  * FSSAI Food Safety Mitra: foodsafetymitra.fssai.gov.in.
 +  * Ministry of Ayush: ayush.gov.in.
 +  * Drugs and Magic Remedies (Objectionable Advertisements) Act 1954: bare Act.
 +  * Real Estate (Regulation and Development) Act 2016, Section 11(2): bare Act.
 +  * Bharatiya Nyaya Sanhita 2024, Sections 318 and 319: bare Act.
 +  * Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021: meity.gov.in.
 +
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 +  * [[https://righttoinformation.wiki/rbi-emi-loan-complaint-guide|RBI EMI and Loan Complaint Guide: Bank Disputes and NBFC 2026]]
 +  * [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Draft App]]
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 +
 +{{tag>rti misleading advertisement complaint}}