In furtherance of the powers of the Central Consumer Protection Authority (“CCPA”) under Section 18 (2)(l) of the Consumer Protection Act, 2019 (“CPA 2019”), the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (“Advertisement Guidelines”) were notified on 9th June 2022 with an objective to “curb misleading advertisements and protect the consumers, who may be exploited or affected by such advertisements”.
With the aim to prevent misleading advertisements and present the end consumer with relevant disclaimers and disclosures prior to investing the Advertising Standards Council of India (“ASCI”) on February 23, 2022, released its ‘Guidelines for advertising of Virtual Digital Assets and linked services’ with the objective of ensuring that advertisements do not exploit a consumer's lack of expertise or awareness on virtual digital assets (“VDA”) like cryptocurrency and non-fungible tokens.
The Indian advertisements have been iconic in their true sense and have mostly managed to attract their audiences while conveying the relevant message.