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Regulation of Food Product Advertisements in India

Below pointers explain the Regulation of Food Product Advertisements in India

Restrictions Under The Law On Advertisement Of Articles Of Food

Restrictions on advertisement (regulation 2.5 of food safety and standards (packaging and labelling) regulations, 2011)

There shall be no advertisement of any food which is misleading or contravening the provisions of food safety and standards act, 2006 or the rules/regulations made thereunder.

Restrictions Of Advertisement And Prohibition As To Unfair Trade Practices Under Section 24 Of The FSS Act, 2006

  1. No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this act, the rules and regulations made thereunder;
  2. No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which –
  1. Falsely represents that the foods are of a particular standard, quality, quantity or grade-composition;
  2. Makes a false or misleading representation concerning the need for, or the usefulness;
  3. Gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof;

Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.

Penalty for misleading advertisement under section 53 of the FSS Act, 2006

 any person who publishes, or is a party to the publication of an advertisement, which:

  1. Falsely describes any food; or
  2. Is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees; in any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.

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