The Aakhya Weekly #91 | Behind the Curtain: Misleading Advertisements in India
The Aakhya Weekly #91 | Behind the Curtain: Misleading Advertisements in India
In Focus: The Patanjali “Mis”lead
By Aradhana Gupta
Forget the headstands and downward-facing dogs. The biggest asana Baba Ramdev might be performing these days is facing the consequences of the Supreme Court's recent ruling on Patanjali Ayurved's advertising practices. The case, which has reignited the debate on misleading advertisements, particularly those featuring celebrity endorsements, exposes a deeper concern – the vulnerability of consumers to deceptive marketing tactics and the imperative for stricter regulations to protect their interests.
The Case
The Indian Medical Association (IMA) filed a petition against Patanjali, alleging that their advertisements made exaggerated claims about curing diseases and disparaged modern medicine i.e. Allopathy. The Court's strong criticism of Patanjali, including a hefty fine for non-compliance, underscores the growing issue of deceptive marketing, especially when it comes to health products.
But Patanjali's case isn't solely about Ayurveda. It exposes the murky world of celebrity endorsements, where a famous face can lend credibility to a product, regardless of its actual efficacy. Baba Ramdev's immense popularity undoubtedly plays a role in Patanjali's success. However, the ethical responsibility of a yoga guru promoting quick fixes over established medical practices raises a red flag.
The Deceptive Maze
While the recent Patanjali case grabbed headlines, it's just the tip of the iceberg. From "fairness creams" to "magical cures," deceptive marketing practices not only dupe consumers but also erode trust in the advertising industry.
In the age of consumerism, advertisements serve as the primary means through which products and services are marketed to the masses. However, amidst the glittering promises and captivating visuals, lurks a dark underbelly of misleading advertisements that often deceive consumers.
Misleading advertisements come in various forms, from exaggerated claims to false testimonials, enticing consumers with unrealistic promises. Whether it's a miracle weight-loss pill or a skincare product claiming overnight transformations, these ads prey on vulnerabilities, leading to financial losses, health hazards, and erosion of consumer trust.
Regulation for Misleading
The Central Consumer Protection Authority (CCPA) and the Advertising Standards Council of India (ASCI) play pivotal roles in addressing this issue.
The CCPA is entrusted with the task of enforcing guidelines and penalties against deceptive marketing practices. Meanwhile, the ASCI serves as a vigilant overseer, ensuring that advertisements adhere to standards of truthfulness and fairness. The Consumer Protection Act of 1986 lays the groundwork for legal action against unfair trade practices, including deceptive advertising. However, staying ahead of evolving advertising tactics poses an ongoing challenge.
In defining misleading advertisements, the law looks at false promises and misrepresented facts. The aim is to protect consumers from being misled about a product's quality or origin, ensuring transparency in commercial transactions.
The Anatomy of Deception
One of the most common tactics employed by advertisers is exaggeration or false claims regarding product efficacy. Advertisers are paid to create campaigns that will increase sales, and in some cases, this can mean exaggerating the benefits of a product or service or even outright lying about its capabilities. In 2020, Patanjali claimed that its product “Coronil” could cure COVID-19. However, any scientific evidence did not back this claim, and the Indian government ordered the company to stop advertising the product as a COVID-19 cure.
In 2019, the ASCI banned an advertisement for Kellogg’s Special K cereal, which claimed that the product could “reduce up to 80% of belly fat.” The claim was found to be misleading and unsubstantiated.
Telecom companies in India have also been accused of using misleading advertising to sell their services. For example, in 2020, ASCI banned a Vodafone Idea advertisement that claimed to offer the “fastest 4G network,” as it was found to be unsubstantiated.
“Greenwashing” in the fashion industry has also become an effective way to sell products. Many fashion brands are now marketing themselves as sustainable and eco-friendly, but some of these claims are misleading. For example, H&M has been criticized for its “Conscious Collection,” which is marketed as environmentally friendly, but still uses significant amounts of non-sustainable materials like polyester.
The reason why advertisements can distort the truth is because of the way they are presented. Advertisements often use the emotional card, such as fear or desire, to persuade consumers to buy a product. These emotional appeals can be very powerful and can lead people to make decisions based on their emotions rather than on facts. In some cases, advertisers may also use misleading visuals or language to make a product appear more effective or desirable than it really is. For example, an advertisement for a skin cream may use before-and-after photos to show dramatic improvements in a person’s skin, even though the photos may have been digitally altered or taken under different lighting conditions.
Impact of a Distorted Anatomy
The impact of misleading advertisements transcends mere financial losses; it poses grave risks to public health and safety. Health and wellness products are particularly vulnerable to misleading advertising practices. In a country where Ayurveda and traditional remedies hold significant cultural importance, unscrupulous advertisers often exploit this sentiment to peddle products with dubious health benefits.
Deceptive advertisements not only impact the realm of Ayurveda but also extend to modern health concerns, like those about body image in today's generation. For instance, advertisements for weight-loss supplements promising rapid results without diet or exercise can have detrimental effects on consumers' physical and mental well-being. Moreover, misleading advertisements targeting children with sugary snacks and junk food contribute to the rising epidemic of childhood obesity and related health issues.
The issue of misleading advertisements extends beyond tangible products to include services as well. In the digital age, online platforms have become breeding grounds for deceptive marketing tactics. From fake reviews and testimonials to exaggerated claims of quick riches through "get-rich-quick" schemes, unsuspecting consumers often fall prey to these ploys. A recent case involved a popular e-commerce platform promoting counterfeit products as genuine, leading to widespread consumer outcry and regulatory scrutiny.
Path to Misleading
Patanjali's situation is a symptom of a larger trend – the commodification of wellness. Ayurveda, with its rich history and focus on holistic well-being, risks being reduced to a mere marketing tool. Consumers deserve transparency – are they buying into an ancient practice or a cleverly packaged product?
As we grapple with the pervasive presence of misleading advertisements in India's consumer landscape, the need for action is unmistakable. It's time for a paradigm shift—a collective effort to weed out deceptive marketing practices and usher in an era of transparency and integrity. As the late American humorist Will Rogers once quipped, "The consumer isn't stupid; she's your wife." Let's remember that consumers are not mere targets; they're the backbone of our economy, deserving of respect and honesty from advertisers. By tightening regulations, enhancing consumer awareness, and fostering accountability across the industry, we can navigate toward a future where truth triumphs over deceit, and advertisements serve as beacons of authenticity rather than purveyors of illusion. Advertisers should strive for a marketplace where trust is non-negotiable and misleading advertisements are relegated to the annals of history.
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