“PUFFERY DILEMMA”

Author Name : Dr. Dhamore Vijay Ganpat, Dr. Vitthal Gadekar, Prof. Prashant Adsule

CASE SYNOPSIS

When the advertisement is misleading, it violates the rights of consumers which are bestowed on them. Advertisements such as edible oil advertisements, water purifiers, and tooth paste advertisements are misleading in nature with different categorization of misleading ways. Nestle’s Maggi, HUL, Jawed Habib and Horlicks advertisements faced controversies’ due to Puffery advertisements. Almost 3 out of 4 advertisements that target children were misleading. The advertising standards council of India [ASCI] recently order Airtel to withdraw its 4G fastest internet challenge ad on the grounds that it was misleading. Another important feature while evaluating puffery advertisements is the effect of celebrity endorsement in advertising. The influence of celebrity endorsement is the maximum and its impact on the society irrespective of age, sex, etc., is considerable. Sport personalities and ‘Bollywood’ artists are the preferred celebrities by the advertisers. There are several laws and regulations that prohibit false and misleading advertisements. However, while companies have largely complied and adjusted their strategies, several violations still occur to this day, often leading to massive lawsuits. Even the code of ethics drawn up by advertising standard council of India [ASCI] has not much impact. The recent amendments to Consumer Protection Act 2019, has provided for the penalty to the Endorsing Celebrity, if the claims found in the advertisements were false. They do not provide solution to every ethical dilemma.