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Consumer Rights

The product didn't do what the ad promised. What can I do?

Simple answer

A false or misleading ad is illegal under the Consumer Protection Act. You can claim a refund and compensation in the Consumer Commission. You can also report the ad to the CCPA, which can stop it and fine the maker or endorser up to ₹10 lakh.

Real-life examples

Arjun bought a hair oil whose ad promised 'guaranteed regrowth in 30 days'. Nothing changed after three bottles. A guarantee not based on proper testing is an unfair trade practice, and the company must show its claim was tested. He can seek a refund and compensation.

Tenzin saw an ad for a TV at a 'bargain price'. At the shop he learned there were only two units and both were 'sold out' within minutes. Advertising a bargain the seller doesn't really intend to offer in reasonable quantity is an unfair trade practice.

A film star promoted a 'miracle' fairness cream that did nothing for Ayesha. The star may escape a penalty if they had carefully checked the claims before endorsing. Ayesha can still claim her refund from the seller and the maker.

What should you do?

  1. 1Save the ad (screenshot, video link or newspaper cutting), the bill, and the pack showing the claims.
  2. 2Write to the company asking for a refund, quoting the exact claim made in the ad.
  3. 3Report the ad on 1915 or the NCH app, or send a written complaint to the District Collector or the CCPA.
  4. 4For your own refund and compensation, file a consumer complaint on e-Jagriti. You can also ask for a corrective ad.

Exceptions & limits

  • Vague opinions like 'tastes great' are usually hard to challenge. Specific promises such as numbers, guarantees or 'clinically proven' are easier to test.
  • An endorser is not penalised if they did due diligence on the claims. A publisher running the ad in the ordinary course of business also has a defence, unless it already knew of a CCPA order against the ad.
  • If the result depended on how you used the product and you ignored the instructions, your case may be weaker.

Official legal reference

  • Consumer Protection Act, 2019 — Section 2(28)

    Misleading ad: one that falsely describes a product, gives a false guarantee, misleads on nature or quality, or hides important information.

  • Consumer Protection Act, 2019 — Section 21

    CCPA can order a misleading ad stopped or changed, fine the maker or endorser up to ₹10 lakh (₹50 lakh on repeat), and ban endorsers.

  • Consumer Protection Act, 2019 — Section 89

    A maker or service provider behind a false ad faces up to 2 years' jail and a ₹10 lakh fine; repeat offence: up to 5 years and ₹50 lakh.

  • Consumer Protection Act, 2019 — Sections 2(47)(i), 39(1)

    False claims and untested guarantees are unfair trade practices; the Commission can order refund, compensation and a corrective ad.

  • Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022

    Conditions for a valid ad: no bait ads, honest 'free' claims, disclaimers that don't contradict the claim, and due diligence by endorsers.

Where to get help

National Consumer Helpline

Free pre-litigation help to resolve complaints with sellers and service providers.

e-Jagriti (Consumer Commission e-filing)

File a case before the District, State or National Consumer Commission online.

Source & status

Applies to
All of India
Law in force since
24 Jul 2020
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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