Context:
Recently, the Supreme Court of India issued the contempt notice and passed an interim order imposing a ban on advertisements of Patanjali Ayurved’s medicines.
Background:
According to Section 2(28) of the Consumer Protection Act, 2019, an advertisement is deemed misleading when it gives a false guarantee or is likely to mislead consumers regarding the nature, substance, quantity, or quality of the product or service.
About The Consumer Protection Act :
The Consumer Protection Act, 2019 is a comprehensive legislation enacted in India to safeguard the rights and interests of consumers.
Key provisions of the Act:
- Definition of Consumer:
- The Act defines a consumer as any person who:
- Buys goods or avails services for personal use.
- Uses goods with the consent of the buyer.
- Hires or avails services for consideration.
- It also covers legal heirs and representatives of consumers.
Rights of Consumers:
- Right to Safety: Protection from hazardous goods and services.
- Right to Information: Access accurate and transparent information about products and services.
- Right to Choose: Choose from a variety of goods and services.
- Right to Redressal: Seek redressal for unfair trade practices and defective products.
- Right to Consumer Education: Be informed about their rights and responsibilities.
Unfair Trade Practices:
The Act prohibits various unfair practices, such as:
- False representation: Misleading advertisements or false claims.
- Unfair contracts: Imposing unfair terms on consumers.
- Defective goods: Selling goods with defects.
- Restrictive trade practices: Monopolistic behaviour.
Consumer Disputes Redressal:
- The Act establishes Consumer Disputes Redressal Commissions at the district, state, and national levels.
- Consumers can file complaints related to unfair trade practices, defective goods, or deficient services.
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