Critical Legal Analysis Of Unfair Trade Practices In Advertisements - A Reference To ASCI
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CRITICAL LEGAL
ANALYSIS
OF UNFAIR TRADE PRACTICES IN ADVERTISEMENTS: A REFERENCE TO ASCI Dhruvaraj C B, LLM (Intellectual Property and Trade Law), School of Law, CHRIST University, Bangalore, India
ABSTRACT
The study critically analyzes unfair trade practices in advertisements with a special focus on the role of the Advertising Standards Council of India (ASCI) in regulating and promoting ethical advertisements in India. Advertisements have a strong influence on consumer behavior, but the spread of false, deceptive, and manipulative content has raised immense concerns about consumer rights and fair trade practices. The research studies the impact of unscrupulous trade practices such as misrepresentations, exaggeration of benefits, surrogate advertisements, and targeting vulnerable segments on consumer confidence and market integrity. It reviews the regulatory provisions governing advertisements in India, noting the gaps and challenges in enforcing ethical requirements.
ASCI as a self-regulatory organization tests its worth with the level with which it responds to misleading advertising, resolves consumers' complaints, and keeps industry in check. Keywords: ASCI, Advertisement, legal, framework, self-regulatory.
1 INTRODUCTION
The Advertising Standards Council of India (ASCI) is a self-regulatory1 organization established in 1985 to ensure ethical standards and transparency in the Indian advertising industry. ASCI’s primary mission is to promote and maintain the highest ethical standards in advertising. It does this through a robust code of conduct and a commitment to protecting consumer interests. As a self-regulatory and non-official body, ASCI was constituted with the basic mandate of making advertising practices honest, ethical, and consumer-friendly. It plays a significant role in safeguarding consumer interests and building consumer confidence and faith in the advertising profession. ASCI strives to create an environment that is transparent and encourages trust among consumers. This is done by putting a wide code of conduct into practice, which sets certain rules for advertising practices.
The ASCI Code of Self-Regulation to which members of the advertising community subscribe on a voluntary basis is designed to prevent deceptive, misleading, and socially irresponsible advertising. The voluntary nature of ASCI membership highlights the industry's commitment to ethical advertising. As the guardian of fair advertising practices, ASCI doesn't just react to issues, but proactively focuses on ensuring that advertisements are truthful, non-deceptive, and socially responsible. The council operates through a comprehensive framework that includes a code of conduct, a complaint redressal mechanism, and proactive educational initiatives such as consumer awareness campaigns and industry training programs. This proactive approach should reassure the audience of ASCI's commitment to their cause.
ASCI’s code of conduct covers various aspects of advertising, including truthfulness, decency, and fairness. By addressing complaints from consumers and industry stakeholders through a transparent and responsive process, ASCI plays a crucial role in addressing misleading or unethical advertising practices. This, in turn, fosters consumer trust in the advertising ecosystem, making them feel reassured and confident. ASCI’s commitment to ethical advertising contributes significantly to the credibility of the advertising industry in India. By ensuring that advertisements are respectful and equitable, ASCI helps in consumer confidence generation and maintaining a level playing field from the competition standpoint. 1 An Insight Into The Jurisdiction Of ASCI | IIPRD. https://www. iiprd.
com/an-insight-into-the-jurisdiction-ofasci/ visited on 21/10/2024 By doing so, ASCI intends to create a balanced and fair advertisement environment in India to contribute to the growth of the industry while guarding consumers' interests. The balance and fairness it pushes are thus seen to bring hope and optimism to the future of advertising in India by providing the audience with a feeling that things will be okay.
2. RESEARCH PROBLEM
One of the key challenges ASCI faces is the differences in regulatory provisions, structures, and enforcement procedures. These differences can have significant implications for advertising practices and the persecution of unfair trade practices. Understanding these implications is crucial for evaluating ASCI's effectiveness in its role as the guardian of fair advertising practices.
3. THE LAW THAT DEALS WITH UNFAIR TRADE PRACTICES IN THE CONTEXT
OF ADVERTISEMENT IS SPREAD OVER SEVERAL ACTS AS FOLLOWS (i) Consumer Protection Act, 1986: Section 6 of the Act enshrines the right of consumers to be informed about the quality, quantity, strength,2 purity, standard, and price of goods or services, as the case may be,3 in order to protect the consumer from unfair trade practices. Section 2(r) of the Act, under the definition of4 "unfair trade practice," includes the whole gamut of false advertisements, viz. , misrepresentations or allurements. Redress for such unfair trade practices of false advertisements can be sought under the Act. (ii) Drug and Magic Remedies (Objectionable Advertisement) Act, 1954: It purports to regulate the advertisements of drugs in some instances and prohibit the advertisement for some purposes of remedies purported to possess magic properties and to provide for matters incidental thereto.
(iii) Drugs and Cosmetics Act, 1940: Section 29 of the Act renders it an offense on anyone who uses any report of an analysis or test made by the Central Drugs Laboratory or by a government analyst or any summary of such report to advertise any drug. (iv) Food Safety and Standards Act, 2006: This Act penalizes under Section 53, for up to Rs.
10 lakh for false and misleading advertisement regarding description, nature, substance, or
2 What is the Rights and Responsibilities of Consumers?. https://www.onlinelegalindia.com/blogs/rights-andresponsibilities-of-consumers/ 3 Advertising Laws in India: An Overview. https://www.lawteacher.net/free-law-essays/commerciallaw/advertising-laws-in-india-law-essays.php?vref=1
4 ibid
quality of food. 5 (v) Indecent Representation of Women (Prohibition) Act, 1986: The Act is to prohibit indecent representation of women by advertisements or in publications, writings, paintings, figures, or in any other manner and for6 things relating thereto in addition to that or incidental thereto (Section 3 and 4 of the Act). (vi) Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994: Advertisements in whatever manner regarding services of pre-natal determination of sex offered by any genetic counseling centre, lab, clinic, or any institution are prohibited by this Act and notified as an offence to be tried under the Act (Section 22).
(vii) Young Persons (Harmful Publications) Act, 1956: Section 3 of the Act, amongst other things, provides an offense for advertising or making known in any manner whatsoever that any harmful publication (as defined by the Act) is available from or through any person. (viii) Representation of People Act, 1951: Display to the public of any electoral issue by way of a cinematograph, television, or other similar apparatus in any polling station within 48 hours from the close of which falls at the time appointed for the closure of the poll for any election in the polling station is prohibited by the Act (Section 126).
(ix) Monopolies and Restrictive Trade Practices Act, 1969: The Act has provided the definition of unfair trade practice to cover a series of acts for the purpose of encouraging the sale, use, or supply of any product or the service of any goods leading to loss or damage to the consumers of such goods and services. Disobedience of the Act has been made criminal with imprisonment for a period and a fine not more than Rs. 10,000 or both. (x) Prize Competitions Act, 1955 (Act 42 of 1955): Any competition, whether a crossword, advertisement prize, missed word, prize competition, or picture prize competition, in which prizes are offered for the solution without proper license from the authorities.
4. ADVERTISING STANDARDS COUNCIL OF INDIA (ASCI)
The ASCI Code of Advertising that is specified thereunder permits comparative advertisement "in the interest of vigorous competition and public enlightenment". The only restrictions that are placed thereunder are that there shall not be any possibility of the consumer being misled by way of comparison and the advertisement does not unfairly disparage, attack, or discredit 5 Aerated and Other Energy Drinks - HealthySoch. https://www.healthysoch.com/govt-health-initiatives/aeratedenergy-drinks/
6 Supra note 3
other products directly or indirectly. However, in ascertaining the aforesaid considerations, the law of defamation would apply. The consumer, who is the individual or corporate person defined under the code as someone who will constitute a prospective audience for the ad, may approach the ASCI with a complaint against an ad which is deceptive or misleading. Once such a complaint reaches them, the ASCI goes over the problem to determine whether or not the advertisement violates any provision of the ASCI code. If it determines that it does, the ASCI requires the advertiser to pull the advertisement. If the advertiser is bound to follow the instructions, the ASCI can ask the concerned ministry to withdraw the offending advertisement.
However, because the ASCI is not a government agency, it lacks adequate more now to restrict ads that bend the code; further, because the ASCl only asks to monitor the conduct of its members alone, organizations that are not members of ASCl often ignore its instructions and decisions. It was held in Century Plyboards (India) Ltd. v. The Advertising Standards Council of India that the machinery and regulations of ASCI are meant to augment legal controls and not substitute or supplant them. Following the same line is Dish TV India Ltd. v. Advertising Standards Council of India. In terms of the relief that can be granted7 by the ASCI, it should be noted that it has now been held that the same is not a civil court and hence does not have the jurisdiction to grant an injunction.
In the same case, it was also weighed that by approaching the ASCI for relief against a competitor, the applicant does not stand to lose his right to approach the civil court for remedies under the statutory provisions. In August 2006, ASCI Code was made compulsory for television commercials, and Cable Television Networks (Amendment) Rules 2006 were amended as under: "No advertisement which violates the Code for Self-Regulation of Advertising, adopted by the ASCI, Mumbai for public display in India, from time to time, shall be carried in the cable service Several factors work against its success. ". Based on a survey conducted by the Federation of Indian Chambers of Commerce and Industry (FICCI)8, 56% of those surveyed believe that the current system of regulations is not efficient and inadequate. ASCI Code is brought under binding, similar to ASCI decisions.
Despite this, the majority of
7 New York Crimes | WomensLaw.org. https://www.womenslaw.org/laws/ny/crimes
8 Singh, S. (2014). Children Working in Media in India
Is their Childhood Endangered? Quest : The Journal of UGC-ASC Nainital. https://doi. org/10. 5958/2249-0035. 2014. 01081. x manufacturers do not adhere to the ASCI guidelines, openly flout them, and proceed straight to the courts instead of waiting for a decision from ASCI to pronounce irreparable loss and injury. Jurisdiction of ASCI In Procter and Gamble v Hindustan Unilever, the ASCI was not found to be on the same footing as a court since it cannot order reliefs which can be ordered by a civil court, and only enhance, and never replace, the power of other tribunals and courts. He also refers to a Bombay High Court judgment in Century Plywoods versus ASCI where it was held that the ASCI cannot assume judicial powers to itself or issue orders against nonmembers.
But he does not explain to us how his holding in the present case is consistent with his holding in the Procter and Gamble case and only insists that he disagrees with the position of the Bombay High Court due to the line of argument laid down by him in his judgment. In the case of Metro Tyres Ltd vs The Advertising Standards Council Of India9 (2017), the Delhi High Court delivered a judgment Acknowledging the fact that self-regulatory organizations have the potential to prevent unnecessary litigation, the court cited several judgments in support of the proposition that conditions for the growth of self-regulatory organizations need to be created. Ergo, it held that the plaintiff cannot be allowed to scuttle the proceedings instituted by the MRF before the ASCI.
Insofar as the plaintiff’s argument that the ASCI cannot adjudicate upon a proceeding involving a non-member is concerned, the court held that the fact that the plaintiff conducts an activity governed by the ASCI’s code, viz. advertising coupled with the fact that the advertising agency and television channels10 on which its advertisements are telecast are members of ASCI, would be sufficient for bringing it within the jurisdiction of the ASCI. Section 134 of the Trademark Act is not offended or watered down by his order in this case and is related to the desirability in the normative sense of entrusting self-regulatory bodies with greater powers.
His weak argument is better served by the example that he uses the Supreme Court's verdict in Subramanian Swamy versus Union of India, as far as it goes into the details of what fraternity stands for, which is not even slightly relevant in the current case. While the other judgments he mentions are dealing with self-regulatory mechanisms and bodies, the aforementioned judgments do not state any principles to support his conclusion, 9 An Insight Into The Jurisdiction Of ASCI | IIPRD. https://www. iiprd. com/an-insight-into-the-jurisdiction-ofasci/ 10 Delhi High Court Rules on the Jurisdiction of the ASCI; Holds that It Can Adjudicate upon Claim of Infringement and Passing Off – SpicyIP. https://spicyip. com/2017/03/delhi-high-court-rules-on-the-jurisdictionof-the-asci-holds-that-it-can-adjudicate-upon-claim-of-infringement-and-passing-off.
html and some of the judgments were given in completely different contexts, such as the need for a self-regulating mechanism11 for the legal profession.
5. KEY ROLES PLAYED BY ASCI ARE
Code Enforcement: ASCI Code of Self-Regulation pertains to aspects of advertising like accuracy, fairness, decency, and legality. The Code mentions misleading statements, exaggerations, and the representation of sensitive issues. • Redressal of Complaints: ASCI facilitates a medium where consumers, industry players, and competitors can report complaints about misleading or unethical ads. These are examined through an organized procedure by the council before taking the desired action in curbing the infractions. 12 • Educational Programs: ASCI undertakes educational programs and outreach initiatives to foster greater awareness of ethical advertising. These programs are directed towards advertisers and consumers, encouraging a culture of responsible advertising.
• Industry Cooperation: ASCI collaborates with multiple stakeholders, such as government agencies, industry associations, and consumer groups, to strengthen the regulatory environment and respond to new challenges in the advertising industry. ASCI’s speedy, independent, and low-cost complaint management approach ensures that both consumers and the industry have the opportunity for a fair resolution. 13
6. SOURCES OF COMPLAINTS
There are many sources of complaints that ASCI gets14, that is through General public 20%, Intra-industry 1.5%, Government 0.4%, Suo-motu 77.7%, Consumer organization 0.4% Complaint Outcomes15: Ads that require modifications are 98%, and ads that do not are just 2% of 8229 ads in 2024. 49% of the cases that needed modification were not litigated. Total voluntary compliance: 80%. Print and TV compliance still high at 97%
3200 ads reported to be in direct breach of law
11 ibid
Leveraging Generative AI: Opportunities, Risks and Best Practices | PDF. https://www.slideshare.net/SocialSamosa/leveraging-generative-ai-opportunities-risks-and-best-practicest
13 ibid
14 ASCI report 2022
15 ibid
Advertising of some products prohibited under different laws. For instance, medicines with claims of magic cure or remedy for certain health issues, gambling and betting products, alcoholic drinks, and tobacco and tobacco products are some of the product categories whose advertising constitutes a blatant breach of the law. The majority of these advertisements appeared on digital media, the hub of brands to promote such products. Apart from those categories prohibited from advertising, ads of categories such as real estate are legally obligated to include certain information, e.g., registration numbers and QR codes in their ads. Lack of such mandatory information would also qualify as a breach of the law.
1249 drug and magic remedy ads were reported
One thousand two hundred forty-nine advertisements of drugs and magic remedies by 239 advertisers were reported to the Ministry of AYUSH during the year for possible contravention of the Drugs and Magic Remedies Act, 1954 (DMR). These were mostly website ads (from marketplaces), and 91% of these ads contravened clause 3(b) maintenance and enhancement of Sexual prowess. The DMR Act makes it illegal to advertise some drugs to cure some diseases and disorders. Ads advertising drugs that propose or are intended to promote drug use for purposes of maintaining or enhancing an individual's capacity for sexual pleasure or treatment of sicknesses and illnesses (under whichever name they come) promising prevention or cure for 56 such diseases as itemized in the list are excluded under the Act.
In spite of the DMR Act, advertisers are still advertising medicines/ayurvedic products, asserting the cure and treatment of such diseases. Such ads abuse the trust of vulnerable consumers and may prove harmful to their health.
1311 betting ads were reported16
One thousand one hundred thirty-one ads of 282 advertisers were found to be potential violations of law. Betting is illegal in most areas of India, and thus its advertising is not allowed. ASCI strictly observed offshore betting advertisements on digital media. These companies are registered overseas, while their websites are accessible to Indian viewers. These offshore betting advertisements, which involve leading Indian celebrities being served to Indian viewers, are of serious consumer protection concern. ASCI has also encountered offshore betting entities promoting their platforms via individual/community Instagram posts in the form of 'tags/stickers/stickers.' The bios of these individual/community pages also contain the website links of these betting platforms for easy viewer access.
16 Supra note 14
The ASCI’s internal proactive monitoring team geared up its surveillance by using online tools such as ad libraries, systematic learning, and inputs from our sector experts to scrutinize violations from critical sectors. As a beginning to upgrade and further strengthen our proactive monitoring internally, we have a specific screening team working continuously in the online space to identify objectionable adverts. Due to this, our internal advertisement monitoring group reviewed 94% of the total adverts reviewed over the year. More than 25000 adverts were screened over the year, and 87% were from the digital platform.
As part of our digital suo moto program, we have addressed a broad spectrum of ads across categories for any objectionable and misleading material, including ads directly in contravention of law, ads on OTT for critical categories, greenwashing assertions, and influencers contravening disclosure norms, etc. Tracking the cyber space is an uphill task due to numerous issues, including brief duration ads whose lifespan is limited to 24 hours at times, content-cloned ads, numerous new-gen D2C digital brands taking birth every day, and fewer, difficult-to-find advertisers. Therefore, advertisements produced every day go scot-free without anyone tracking them. The online platform is ever-evolving, and ads that do not get removed are often re-published and ready for public consumption with unsubstantiated claims.
The compliance rate is low, with digital ads being 75% compliant while those on print and TV are 97%. During the years at ASCI, HEALTHCARE has been a cause of concern when it comes to misleading advertisements. With an age of plenty when healthcare options are in profusion and information is just a click away, it is important to recognize the harm caused by misleading advertisements that exploit consumers' trust and their vulnerability. ASCI considered a total of
1575 advertisements, out of which 99% needed to be altered. While 1249 ads were dealt with
for violating the law (DMR act), out of the remaining 326 ads, 190 were from clinics/hospitals/wellness centers making exaggerated, false claims regarding their services, care, and cure for chronic diseases. One hundred twenty-nine pharma company ads for medicines and drugs with claims regarding prevention and cure, better quality, and leadership. Medical devices and health apps made up the remaining seven ads. 86% of such advertisements are on digital media. PERSONAL CARE It is one of the top violators for three consecutive years. In recent years, there has been a sharp increase in new D2C brands entering the beauty and personal care space. This growth can be traced back to an increased consumer awareness and a significant boost in disposable income.
These drivers have also created varied choices, from green and bespoke to premium product categories, thus opening up appealing opportunities to serve emerging needs and growth opportunities for mature and new market players. The digital world, especially, has become a rich soil for brands to grow. From positioning to promotion, social media today is a profitable brand platform. ASCI examined 1064 ads, and 98% needed to be altered. 67% of the ads were not challenged. These are cases where the advertiser owns up to the mistake made in the ad and quickly alter it or remove it. 95% of the ads were found on the online medium, and 55% were selected for influencer disclosure infractions. Twenty celebrity-endorsed ads were found to be deceptive.
The ED-TECH sector is said to have suffered in the past two years, and advertisement on platforms such as TV, print, and OTT has declined, especially during IPL. Ed-tech turned out to be a sector of concern in times of the pandemic when a number of players came into the market with false advertising claims capitalizing on parents' and small children's weakness. As there is a drop in advertisement on other channels, there has also been a dramatic increase in ads in which influencers endorse Edtech platforms, drawing the category into the top 10 most violative categories. 57% of the 142 ads processed were for influencers who did not disclose collaborations on social media. 99% of all the ads were misleading and needed alteration. 64% of them were not objected to—98% of these advertisements are being displayed on new media.
BABYCARE in India is facing rapid growth with various reasons being a growing population, rising disposable incomes, and increased awareness on baby care; parents nowadays aspire for the best for their infants. Misleading advertisements may hurt the trust of the parents as well as the health of the baby. Babycare has made it to the top 10 violators list for the first time because influencers promote products and services without disclosing material connections. 81% of the 91 ads processed were from influencer promotions without a disclosure. 99% of these ads required modification, and the advertisers did not contest 76 %. 91% of these ads appeared on digital media.
7. CASES WHERE ASCI’S DECISION WAS NOT FOLLOWED
In a case of Patanjali Ayurved Ltd. even after ASCI asked them to withdraw ads stating that Coronil was capable of curing COVID-19, Patanjali still continued to broadcast the ads, which prompted the government to take further action. Even in Indian Medical Association vs. Patanjali Ayurved Ltd. , Patanjali stated that their medicines were scientifically tested and capable of curing diseases and that allopathic medicine is very harmful and has serious side effects. The Indian Medical Association then issued a 1000 crore defamation notice. Emami's advert for its product "Zandu Balm" was ruled to be misleading by ASCI, but the company still went ahead with telecast of the advertisement, and it resulted in a court case.
Also the refusal by Hindustan Unilever Ltd to make changes in its "Fair and Lovely" cream advertisement, despite a warning from ASCI, resulted in a backlash from consumer groups. ASCI deemed Reckitt Benckiser's advertisement for its product "Dettol" to be misleading, but the company Reckitt Benckiser's ltd. went ahead with continuing to screen the ad, prompting further action from ASCI. PepsiCo India Holdings Pvt. Ltd. : Even after a directive from ASCI to withdraw its advertisement for "Pepsi," PepsiCo continued airing the ad, prompting a legal battle. Britannia Industries Ltd. : ASCI deemed Britannia's advertisement for its "Good Day" biscuits misleading. Nevertheless, the company went ahead and aired the ad, prompting additional action from ASCI. In Cipla Ltd.
Cipla's advertisement for its product "Nicotex" was deemed by ASCI to be misleading, but the company persisted in airing the ad, prompting additional action from ASCI. Procter & Gamble Hygiene and Health Care Ltd. 17: P&G's commercial for the company's product "Pantene" shampoo was held to be misleading by ASCI, but the company went on to show the ad, prompting ASCI to take further action. In L'Oréal India Pvt. Ltd. The advertisement for L'Oréal's product "L'Oréal Paris Total Repair 5" was deemed to be misleading by ASCI. Nevertheless, the company continued to broadcast the ad, and this prompted further action by ASCI. GlaxoSmithKline Consumer Healthcare Ltd. : ASCI held the advertisement for GSK's product "Horlicks" to be misleading, but the company continued to broadcast the ad, prompting further action by ASCI.
So if ASCI is a body which regulates the advertising finds out the infringement if any. So it must be a body where its work is recognized and considered and strictly be followed by the companies. If not the companies must be made liable for such a disobedience which they make and must be fined heavily. The Advertising Standards Council of India (ASCI) should be recognized for its crucial role in ensuring ethical advertising practices and safeguarding consumer interests. As a self-regulatory body, ASCI promotes honesty, decency, and fairness in advertisements, reducing the need for direct government intervention while fostering accountability within the industry. Its efficient grievance redressal system empowers consumers to report misleading or offensive ads, ensuring timely corrective actions. By
17 Top 10 Multinational Companies (MNCs) in India. https://maharashtranewswire.com/
aligning its guidelines with national laws like the Consumer Protection Act, ASCI supports legal compliance while maintaining industry integrity. Its adaptability to modern advertising platforms, including digital media and influencer marketing, ensures comprehensive oversight in an evolving landscape. Recognition of ASCI not only strengthens consumer protection but also builds public trust, encouraging responsible brand communication and contributing to a transparent and ethical advertising ecosystem in India.
8 CONCLUSION
Thus, it can be asserted that although laws concerning unfair trade practices exist, it is not easy to prevent such practices in advertising. ASCI, being a non-governmental organization, is making its best efforts to put an end to or keep away from such practices. Such practices are regulated by fragmented laws. Therefore, it needs to be regulated more effectively in a better manner. The formation of a governmental authority to regulate such practices may prove to be the solution. Some government institutions handle specific cases, such as in the case of any business firms, then NCLT, or in the case of any corporate practices.
CCI is an ordered mental body to govern advertisements and all the practices happening in ads in order to get a better hold as the companies never pay attention to ASCI, so if a government is made in bodies such as any tribunal or any body regulating advertisements or unfair rate practices regulating body then this will ensure control on such practices which is happening due to the reason that the customer or the consumer at times must not be in a position to make a difference over because of such unfair advertisement practices. A dedicated governmental body could provide better control over unfair practices, as companies may not always listen to ASCI's guidelines. Such a body could help protect consumers from misleading advertisements and ensure that companies adhere to ethical standards.
REFERENCES:
1. Consumer Protection Act, 1986 – Sections related to unfair trade practices.
2. Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 – Regulating
misleading drug advertisements.
3. Drugs and Cosmetics Act, 1940 – Provisions against misleading advertisements of drugs.
4. Food Safety and Standards Act, 2006 – Penalties for false food-related advertisements.
5. Indecent Representation of Women (Prohibition) Act, 1986 – Prohibiting indecent
representation of women in advertisements.
6. Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 –
Prohibition on sex-determination advertisements.
7. Young Persons (Harmful Publications) Act, 1956 – Restrictions on harmful publications.
8. Representation of People Act, 1951 – Election advertisement restrictions.
9. Monopolies and Restrictive Trade Practices Act, 1969 – Definition of unfair trade practices
in advertising.
10. Prize Competitions Act, 1955 – Regulations on prize competitions and advertisements.
11. Century Plyboards (India) Ltd. v. ASCI – Legal recognition of ASCI’s role.
12. Dish TV India Ltd. v. ASCI – ASCI's limitations in enforcing decisions.
13. Procter and Gamble v. Hindustan Unilever – Jurisdictional challenges faced by ASCI.
14. Metro Tyres Ltd. v. ASCI (2017) – Recognition of self-regulatory organizations in
advertising disputes.
15. Patanjali Ayurved Ltd. – Coronil Advertisement Case – Violation of ASCI guidelines.
16. Indian Medical Association v. Patanjali Ayurved Ltd. – False claims leading to legal action.
17. Emami's Zandu Balm Advertisement Case – ASCI ruling ignored.
18. Hindustan Unilever Ltd. – Fair & Lovely Advertisement Case – Violation of ASCI
guidelines.
19. Reckitt Benckiser’s Dettol Advertisement – Continued airing despite ASCI’s directive.
20. PepsiCo India Holdings Pvt. Ltd. – Pepsi Advertisement – Non-compliance with ASCI.
21. Britannia Industries Ltd. – Good Day Advertisement – Misleading claims ignored.
22. Cipla Ltd. – Nicotex Advertisement – ASCI’s decision disregarded.
23. Procter & Gamble – Pantene Advertisement – Violation of ASCI’s self-regulation code.
24. L'Oréal India – Total Repair 5 Advertisement – Misleading advertisement continued.
25. GlaxoSmithKline – Horlicks Advertisement – ASCI’s decision not followed.
26. An Insight Into The Jurisdiction Of ASCI
27 Singh, S. (2014). Children Working in Media in India
Is their Childhood Endangered?
Quest : The Journal of UGC-ASC Nainital. https://doi.org/10.5958/2249-0035.2014.01081.x