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?
- 1Save the ad (screenshot, video link or newspaper cutting), the bill, and the pack showing the claims.
- 2Write to the company asking for a refund, quoting the exact claim made in the ad.
- 3Report the ad on 1915 or the NCH app, or send a written complaint to the District Collector or the CCPA.
- 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.