LAW MANTRATHINK BEYOND OTHERS

(National Monthly Journal, I.S.S.N 2321-6417)

False and misleading advertisements: Effect on women purchasing behaviour
*Priyal Chaturvedi & J ai Pal Chaudhary



Abstract
Advertising is an important and legitimate means for a seller to awaken interest in his
products. Advertising industry in India is on the expansion spree for the last few years and
has become a serious and big business growing at an increasing rate. However, the growth
of this industry is affected by the prevalent malpractices carried out by advertisers in order to
lure the consumers and sustaining an edge over the competitors. Though advertising in
today's media has a positive contribution to make, one needs to recognize that advertising
has immense manipulative power and capacity to harm the consumer and the public interest.
Unscrupulous and excessive advertising not only leads to increased distribution costs,
resulting in increased selling price, but also tends to tempt the buyer to buy what he does not
necessarily need.
Today the produce, sellers have started targeting women as the major consumers. Most of
the products today are women oriented. . On observation whether the product is women
oriented, domestic oriented or children oriented, every item targets women as it is she who
chooses either of the products. Thus of the products are consumed by women. Through
this research, the authors would try to focus on the misleading advertisements and the impact
of such advertisements on the womens purchasing behaviour also focusing on the statutory
provisions for the regulation of misleading advertisements in the Monopolies and Restrictive
Trade Practices Act, 1969 (MRTP Act), and the Consumer Protection Act, 1986 .




INTRODUCTION
In the present difficult economic environment, obtaining and maintaining the market share in
the consumer, the industry is more competitive than ever. It is not surprising that this
environment gave rise to claims that a competitor has crossed the line of honest to unfair
competition through the use of misleading advertising and promotion. Misleading advertising
regulation is intended to ensure that advertisements do not distort the facts concerning the
product and mislead the purchaser through the subtle implications, omissions and false
statement about the quality, quantity, characteristics, or other characteristics of the product or
service.
The fundamental question that arises is that what makes a misleading advertising?
In India, the legal provisions for the regulation of misleading advertising are contained in the
Monopolies and Restrictive Trade Practices Act, 1969 (Act MRTP) and the protection of the
consumer,1986 (CPA) Act. Measures regulatory to deceive announcement CP Act and
MRTP Act are similar to a certain extent. Under legislation, a deceptive or misleading,
advertising amounts to the unfair trade practices (UTP). On the other hand, the regulatory
measures in the two major consumer protection laws are applicable to goods and services,
and public and private compnies. The legal provisions for the regulation of advertising of
medicines and remedies magical misleading contained in die Drugs and Magic remedies
(objectionable advertisements) act 1954.
In India, section MA of MRTP Act, provides a comprehensive definition of UTP. An
identical definition appears in Section 2(r) of the CPA. Thus the concept of unfair trade
practice under the two -legislations is the same. The mechanism of regulation of the UTP
under both the Acts is something different, a UTP with regard to advertising, refers to any
method of unfair competition or deceptive practices adopted to promote the sale, use or
supply of goods or the provision of any service. Below mentioned three advertising practices
are particularly specified as unfair trade practices:
Make statements about false and misleading ads.
Offer pseudo discounts or the bargain price.
Realization of psuedo sales promotion
An ad is simply a public notice to transmit information and invite sponsorship or some other
responses. However where there is freedom of expresson and communication, it depends
largely on advertisers to ensure that environmentally sound practices of ethics in their
profession. Advertiseent has two fundamental objective, inform and persuade, and- although
these goals are distinguishable-ambos arepresent simultaneously.

Indian Women as consumers : a paradigm shift


The process of consumption has long been associated with sex and gender, thus it is no
surprise that consumer researchers often examine the effects of these variables on consumer
behaviour. Men and women are different consumers.
1
Paco Underhill who researched retail
shopping over 20 years mentioned in his book in his book why we buy: The science of
shopping, Men are less predictable than women. He said for example, men move faster
between the shelves of retail shop and as a rule they dont like to ask personnel for help. He
pointed out some of research statistics where in 65 % of men who try something on also buy
it; only 25% of women do the same. 86% of women look at products price tag dewing the
purchasing process, whereas only 72% of men do that. Men are more easily influenced by
salient displays and childrens requests (men cant say no to children). From this, it is clear
that men are emotional in purchase while women are rational in it.

Numerous studies have been made to assess the attitude and behaviour of the women, about
misleading advertising, since women are the long-standing customers and a large contribution
in the disposable income of the society Therefore, the business people and the dealer used the
application of the technology for increased advertising their products. Researchers claim that
use of tactical manipulation in ads for gaining the attention of the consumers can be thwarting
to the audience.

1
. T. Ravikumar ADVERTISING VALUES IN VISUAL MEDIA ADVERTISEMENTS AND WOMEN
CONSUMERS BUYING BEHAVIOUR IN CHENNAI CITYIRACST-International Journal of Research in
Management & Technology (IJRMT), Vol. 1, No. 2, December 2011

Fraud in advertising is not a new question. Large-scale studies in human behaviour toward
advertising were carried out Moreover, some research studies have been conducted for
examining the behaviour of women towards social and ethical issues over the past several
years and deception and other unethical perceptions of advertising inversely effects the
responses towards the ads. More than 50% students think that ads are misleading, ridiculous,
and insult people intellectual.
In the Indian context , it is perceived that ads have a positive impact on women be it a beauty
product ad , an ad for Fast moving consumer goods. We have moved to an era where the
media is growing rapidly and in return people are responding and changing their life styles ,
attitude, behaviour, culture and religious values. Channels are full of ads like whitening
soaps, hair shampoo, hair and facial lotions etc. but mostly products ads are misleading or
deceptive. Now, each business targets the women keeping in mind womens perception and
that they use the deceptive practices in their ads.
But advertising has a positive contribution, it must be recognized that advertising has a
tremendous force time and its ability to turn into danger for consumers and the general
interest, without scruples and excessive advertising leads not only an increase in the cost
of distribution, what happens in a larger selling price, but also tend to try the buyers buy what
he does not necessarily need. Vance Packard, one of the most vehement/ardent critics of
advertising, has rightly pointed out the manipulative and misleading effects of advertising.

Large-scale efforts are being made, often with an impressive success, to channel the buyer's
thought processes and purchasing decision by the use of insights gleaned from psychometry
and social sciences, with the result that many of us are being influenced and manipulated far
more than we realize, in the patterns of our everyday lives.
2
Indian market has been
witnessing changes in character and complexity of advertising. These changes involve a
higher reach of mass media, particularly due to an increased penetration of satellite channels,
availability of a greater assortment of products and services, a higher level of consumer
spending on items other than basic necessities, and more discerning choice behaviour

2
'Packard, Vance (1957). The Hidden Persuaders, New York: Pocket Books

exhibited by consumer preference for better value for money spent on products and services.
A gradual development of the economy has indeed influenced these changes
3


The Indian woman today has come a long way since the past years She is no longer is
explained solely by her husband or her domestic role she plays . Schools and companies
alike have opened their doors to her. She works, she parents, she leads, she chooses.


Most of the products today are women oriented. . On observation whether the product is
women oriented , domestic oriented or children oriented , every item targets women as it is
she who chooses either of the products. Thus of the products are consumed by women.
Therefore the probability of being caught in the shackles of misleading advertising of women
is too high. The techniques of advertising used by the marketers and manufacturers to
persuade women are exploitative and corrupt. They attempt to move them to act in certain
ways without even their being fully aware that they are being swayed. The techniques
involved here include showing certain products or forms of behaviour in superficially
glamorous settings associated with superficially glamorous people; in extreme cases, it may
even involve the use of subliminal messages.
4















3
Yogi C. Impact of TV Advertisement on Purchasing Psychology of Adolescent. 2011 Jan [Cited on March 14 ,
2014 ]Available from: http://www.studymode.com/essays/ Impact-Of-TV-Advertisement-On-Purchasing-
542531.html

4
Dr Asha Nagendra, Dr. Sudhir Agrawal, ADVERTISEMENT CLAIMS GROW TALLER! A STUDY OF
ETHICS IN ADVERTISING BY FMCG COMPANIES IN INDIA 2010 International Conference on
Economics, Business and Management IPEDR vol.2 (2011) (2011) IAC S IT Press, Manila, Philippines



Encounter of women with the deceptive advertisements

Advertising is widely criticised not only for the role it plays in selling the product but also for
the way it influences our society. In the era of cut throat competition, the advertisers resort to
certain practices such as puffery, deception which leads to misleading advertising. The
consumers are being led up the garden path by manufacturers of various products, making tall
claims in advertising
5
. Some of the prominent deceptions created and later encountered by the
females of the country are mentioned below:
6


Dove Treatment shampoos
Hindustan Unilevers TV commercial on Dove Treatment shampoo that claimed to be
more effective than ordinary antidandruff shampoos. According to ASCI, the claim
that ordinary anti-dandruff shampoos make your hair dry and rough was not
supported by any valid research or tests and had no authenticity. The claim was
disparaging to all other antidandruff shampoos and so the advertisement was
withdrawn
7
.
Complan: The advertisement claimed that by consumption of the product that one can
grow two times after taking Complan was said to be misleading and violative of
Section 24 of FSS Act, 2006.
Horlicks: The claim in the commercial that after taking Horlicks, children become
taller, stronger, sharper was again said to be deceptive in nature as it violates Section
24 of FSS Act, 2006.

5
Kamery, Rob H, Sarah T, Cayce R. Ethical and socially responsible advertising: can it be achieved?
Academy of Marketing Studies Journal. 2002 Jan; (6):1-2. Available from:
http://www.freepatentsonline.com/article/Academy-Marketing-Studies-Journal/166751797.html

6
Priyanka Singh , Vijay Thawani , Alok Saxena , Deceptive Food Advertisements in India Indian Journal of
Basic and Applied Medical Research; December 2013: Vol.-3, Issue-1, P.132-135
132
7
http://www.hul.co.in/brands-in-action/detail/Damage-free-hair-with-Dove/300396/
Emami - healthy and tasty soyabean oil: The label Contained a logo/picture in
which it is written 7 stage European refining technology, Suraksha Shakti which are
violating Clause 2.3.1.5.of FSS (Packing and Labelling) regulations, 2011
8
.
Saffola: Here in the ad the use of heart symbol and the claim the heart of a healthy
family Saffola encourages you and your family to take care of your heart by using less
oil and low saturated fat diet, and use of word losorb technology etc on the
advertisement was declared to be misleading in nature.
9

Kellogs special K: The claim that research shows that people, who eat low fat
breakfast like Kelloggs Special K, tend to be slimmer than those who dont was again
said to be misleading and deceptive in nature.
Bournvita little champs: The producer claimed the presence of DHA in product and
its benefits which are not proved. This is deceptive in nature yet again.

Findings suggest that the health value of a product in advertising and on the label were
different. Food Safety and Standards Act (FSSA) states that any nutrition value by visual,
written, as well as orally has to be backed by scientific data
10
.
The concept of gender marketing of foods is gaining momentum, especially when it comes to
those targeted at health conditions. Special K cereal and Diet Coke are sold as ways to keep
slim for women, while healthy cooking oils are directed at men to keep the heart attacks at
bay. Marketing for probiotics is also directed towards women.
The conclusion we can draw from these products is that all of these products were in some
way or the other targeted towards the women be it Kellogs Special K or Horlics for the
children and this shows that the marketers consider women gullible and so such frivolous
claims.




8

http://www.fssai.gov.in/Portals/0/Pdf/Food%20Safety%20and%20standards%20%28Packaging%20and%20Lab
elling%29%20regulation,%202011.pdf

9
. Rajendra Diwe. Health foods Complan, Horlicks, Saffolas wrong claims exposed. 2012 Dec 6 , Available
from: http://truthdive.com/2012/12/06/health-foods-complan-horlicks-saffolas-wrong-claims-exposed.html

10
Ratna Bhusan. Product claims made by advertisers growing taller. ET Bureau. 2010 Sept 15. Available from:
http://articles.economictimes.indiatimes.com/2010-09-15/news/27594953_1_health-drink-food-and-
beverageadvertising- advertising-standards-council

Conclusion
Although a legal framework for the implementation indicating unfair, fraudulent and misleadi
ngadvertising in India it it takes almost tirelessly practice. Consumers should their rights agai
nstbusinessmen without scruples in this practice and which in turn claim the notice of
prosecution cases, the role of a guardian of the public interest.

Presently there are numerous regulations monitoring the display of obscene and misleading
advertisements in India. However still it is not uncommon to see various advertisements that
are patently false and misleading promoting dubious products and making unsubstantiated
claims. In reality, most of these ads are ignored by the consumers and go unnoticed by the
statutory bodies. So, in order to enforce the regulations the need of the hour is whenever an
advertisement breaches public confidence, the regulators should take immediate action
against the violators. It is crucial that ASCI should be given a binding force for regulating all
kind of advertising modes such as print, electronic etc. similar to the existing television
advertisements which will prevent the newspapers and advertising agencies from violating
the existing law.
All those who are involved in commissioning and disseminating the advertisements should
eliminate its socially harmful aspects and observe high ethical standards in regard to
truthfulness, human dignity and social responsibility. Besides avoiding abuses, advertisers
should also undertake to repair the harm sometimes done by advertising, as far as possible:
for example, by publishing corrective notices, compensation for the victims, increasing the
quantity of public service advertising, and the like. This question of reparations' is a matter
of legitimate involvement not only by industry self-regulatory bodies and public interest
groups, but also by public authorities.







References

http://edition.cnn.com/2011/OPINION/08/08/swinson.airbrushing.ads/
http://www.ascionline.org/
http://www.statista.com/statistics/233493/digital-advertising-revenue-in-india-from-2011/