In short. A complaint about a false or misleading advertisement can be sent to the CCPA, the District Collector or the CCPA's regional office under Section 17 of the Consumer Protection Act 2019, or lodged through the National Consumer Helpline. The CCPA can stop the ad and impose penalties under Section 21. To recover your own money, file a complaint before the District Commission.
Most people who feel cheated by an advertisement want two different things: their money back, and the ad stopped so that others are not caught the same way. Indian consumer law gives those two jobs to two different bodies. The CCPA, a regulator, deals with misleading ads as a problem affecting consumers as a class. The consumer commissions deal with your individual loss. Choosing the right one, or using both, is the first decision.
This post explains what the law treats as misleading, how the CCPA works and what it has done, how to write a complaint, the rules for celebrities and influencers, and the other bodies that handle ads, such as ASCI and the food and drug regulators. Disputes about refunds from online sellers are covered in online shopping refund not received, and fee disputes with coaching institutes in coaching or college fee refund through consumer court.
- Law
- Consumer Protection Act 2019, Sections 2(28), 17, 21 and 89
- Regulator
- Central Consumer Protection Authority, set up in July 2020
- Penalty on brand or endorser
- Up to ₹10 lakh; up to ₹50 lakh for repeat violations
- Endorser ban
- Up to 1 year; up to 3 years for repeat violations
- Appeal against CCPA order
- To the National Commission within 30 days (Section 24)
- For your own refund
- Consumer complaint before the District Commission, within 2 years
What counts as a misleading advertisement under Indian law?
Section 2(28) of the Consumer Protection Act 2019 defines a misleading advertisement as one that falsely describes a product or service, gives a false guarantee or is likely to mislead consumers about its nature, substance, quantity or quality, conveys a representation that would amount to an unfair trade practice if the seller made it, or deliberately conceals important information. The test is the effect on an ordinary consumer, not whether each word is literally false.
"Advertisement" is defined widely in Section 2(1). It covers any audio or visual publicity, representation, endorsement or pronouncement, through print, television, radio, the internet, a website or an app, and it includes labels, wrappers, notices, circulars and even invoices. A product listing on a marketplace, an influencer's reel, a hoarding, an SMS and a coaching centre's newspaper ad with photographs of toppers are all advertisements for this purpose.
Some things are not misleading even if they are irritating. Obvious exaggeration that no reasonable person would take literally ("the taste of heaven") is usually treated as puffery. The line is crossed when the ad makes a claim that can be checked, such as a number, a result, a health effect, a comparison, a certification or a price, and the claim is false or cannot be supported.
What is the CCPA and what can it actually do?
The Central Consumer Protection Authority was set up under Section 10 of the Act in July 2020. It is a regulator, not a court. Its job is to protect the rights of consumers as a class: it can inquire into violations, investigate through its Director General, and pass orders against unfair trade practices, misleading advertisements and unsafe goods.
Under Section 20 it can order goods or services to be recalled, the practice to be stopped, and the price to be refunded to consumers who bought them. Under Section 21, once it is satisfied after investigation that an ad is false or misleading, it can direct the advertiser or endorser to discontinue or modify it, impose a penalty, and bar an endorser from endorsing for a period. Section 22 gives it powers of search and seizure. It can also file complaints before consumer commissions on behalf of consumers.
What it does not do is decide your private claim for compensation. A CCPA order can help you, because it records that the ad was misleading and may direct refunds to everyone who bought the product, but if you want compensation for your own loss, the consumer commission is the forum.
The provisions that apply to misleading ads
Section 2(28) and Section 2(47)
The definitions of misleading advertisement and of unfair trade practice. A false representation about the quality, standard, sponsorship, approval or performance of goods or services, or a bait offer, is an unfair trade practice. Your consumer complaint relies on Section 2(47); a CCPA complaint relies on both.
Section 17
A complaint about violation of consumer rights, unfair trade practices or false or misleading advertisements affecting consumers as a class may be sent, in writing or electronically, to the District Collector, the Commissioner of the CCPA's regional office, or the CCPA itself.
Section 21
Directions to discontinue or modify a false or misleading ad; penalty on a manufacturer or endorser up to ₹10 lakh, and up to ₹50 lakh for every subsequent contravention; a ban on an endorser for up to one year, and up to three years for a repeat; penalty on a publisher up to ₹10 lakh. An endorser who exercised due diligence to verify the claims is not liable, and a publisher who published in the ordinary course of business is not liable unless it knew of an order to withdraw or modify the ad. The CCPA must hear the person before passing an order.
Section 89
The criminal offence: a manufacturer or service provider who causes a false or misleading advertisement prejudicial to consumers can be punished with jail of up to two years and a fine of up to ₹10 lakh, and for every subsequent offence, jail of up to five years and a fine of up to ₹50 lakh. Prosecution starts on a complaint by the CCPA or an officer it authorises.
Section 88 and Section 24
Failing to comply with a CCPA direction under Sections 20 or 21 is punishable with jail of up to six months, a fine of up to ₹20 lakh, or both (Section 88). A person aggrieved by a CCPA order under those sections can appeal to the National Commission within 30 days (Section 24).
Who can be held responsible for a misleading ad?
The Act spreads responsibility across everyone who puts the ad before the public, but with different exposure and different defences.
| Who | What the CCPA can do | Main defence |
|---|---|---|
| Manufacturer, service provider or advertiser | Order withdrawal or change, penalty up to ₹10 lakh (₹50 lakh repeat), recall and refunds; prosecution under Section 89 | The claim is true and supported by evidence held before the ad ran |
| Endorser (celebrity, influencer, expert) | Penalty up to ₹10 lakh (₹50 lakh repeat); bar from endorsing for up to 1 year (3 years repeat) | Due diligence: the endorser took reasonable steps to verify the claims |
| Publisher (newspaper, channel, platform) or party to publication | Penalty up to ₹10 lakh | Published in the ordinary course of business, without knowledge of a withdrawal order |
| Seller or e-commerce platform displaying the claim | Directions as an unfair trade practice; duties under the E-Commerce Rules 2020 | Depends on its role in making the claim |
In a consumer complaint for your own loss, the opposite parties are usually the seller and the manufacturer or service provider. Joining an endorser in a private complaint is possible in principle but rarely adds anything to the money you can recover.
The 2022 Guidelines: what makes an ad misleading in practice
The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, notified on 9 June 2022, turn the general definition into specific rules. They cover bait advertisements (advertising a product at a price when the seller does not have reasonable quantities available, to draw customers in for something else), "free" claims (an item cannot be called free if the consumer has to pay for something that is normally part of it, or if conditions are hidden), and surrogate advertising (advertising a prohibited product such as liquor or tobacco under the cover of a permitted one with the same brand).
There are rules for ads aimed at children, including limits on health and nutrition claims without proper support. There are rules for disclaimers: a disclaimer cannot contradict the main claim, cannot hide material information, and should be in the same language as the claim and legible. A tiny line at the bottom of a television ad that reverses the headline offer is exactly what the Guidelines target.
On endorsements, the Guidelines require that an endorsement reflect the endorser's genuine, reasonably current opinion, based on adequate information about or experience of the product, and that any material connection between the endorser and the advertiser be disclosed. Professionals, such as doctors, endorsing products in their own field face additional restrictions under their own professional rules.
Influencers and social media: the disclosure rules
In January 2023 the Department of Consumer Affairs published "Endorsement Know-hows" for celebrities, influencers and virtual influencers. Anyone with a material connection to a brand (payment, free products, a discount, an employment or family relationship) must disclose it clearly in the post itself, using words such as "advertisement", "ad", "sponsored", "collaboration" or "paid promotion". The disclosure must be prominent, in the same language as the post, and not buried in a list of hashtags or behind a "see more" link. In a live stream it must be shown continuously.
For consumers, this matters in two ways. A post that hides a paid relationship is itself evidence of a misleading ad. And an influencer who repeats a claim they had no basis for (a weight-loss result, a guaranteed return on an investment app, a cure) may not have the due diligence defence. Influencers who promote financial products also face rules from the financial regulators, which are stricter and change often.
Save the post with its date, the account name and the caption before you complain. Influencer posts are frequently edited or deleted once a complaint is made. A screen recording that shows the account, the post and the scroll through the caption is better than a cropped screenshot.
Coaching ads, green claims and dark patterns
The CCPA has issued sector guidelines where complaints were frequent. The Guidelines for Prevention of Misleading Advertisement in the Coaching Sector, 2024, effective from 13 November 2024, deal with claims about selection rates and toppers. A coaching centre cannot claim a successful candidate as its own without disclosing what course the candidate actually took, and cannot use a candidate's name or photograph without written consent. It cannot make false claims about faculty, facilities or job security. Several coaching institutes have been penalised for advertising results this way, including one that received a higher penalty as a repeat offender.
The Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024, effective from 15 October 2024, require environmental claims ("eco-friendly", "carbon neutral", "plastic free") to be specific and supported, with disclosures. Vague green labels on products are now a recognised category of misleading claim.
The Guidelines for Prevention and Regulation of Dark Patterns, 2023, notified on 30 November 2023, list thirteen manipulative design practices on apps and websites, such as false urgency, basket sneaking, drip pricing, subscription traps and disguised advertisements. These overlap with e-commerce refund disputes, which are covered in online shopping refund not received.
What has the CCPA done in practice?
The CCPA's orders so far show what it takes seriously. Coaching institutes advertising inflated selection results have been fined and directed to change their ads. A ride-hailing app that promised a ride within minutes or a cash reward, and then gave the reward only as app credit with conditions, was penalised ₹10 lakh and directed to refund affected users. Food brands have been penalised for label claims such as "100% whole wheat" that the product did not meet. Thousands of listings of car seat belt alarm stopper clips, sold as accessories but used to defeat a safety feature, were removed from major online platforms.
Two patterns run through these orders. First, the CCPA acts on claims that can be measured: numbers, percentages, times, ingredients, rankings. Second, it often combines a penalty with a direction to stop or correct the ad and, sometimes, with refunds. When Advocate B.K. Singh advises someone who wants an ad stopped, he usually points them to this: a complaint that isolates one measurable claim and shows why it is false gets further than a complaint that the whole ad is "cheating".
The CCPA is a single national body with a large volume of complaints, and it chooses which matters to take up. A complaint does not guarantee an investigation, and you may not hear back for a long time. That is another reason to keep the consumer commission route open for your own loss.
How to complain to the CCPA about a misleading ad
There is no fee and no prescribed format. A clear, well-supported complaint is more likely to be taken up.
Capture the ad
Save the ad as it appeared: a photo of the newspaper page with its date, a screen recording of the video or post, the URL and the date and time. For a television ad, note the channel and time, and look for the same ad on the brand's own channels.
Identify the exact claim
Write down, word for word, the claim you say is false or unsupported. Pick the strongest one or two. "Clinically proven to reduce hair fall by 80% in 4 weeks" is a claim; "the ad is fake" is not.
Show why it is misleading
Attach what you have: the product label, a test report, the brand's reply to your query, the terms that contradict the headline, the coaching centre's own result list, or a comparison showing the price claim is false.
Lodge it through the National Consumer Helpline or in writing
You can register the grievance with the National Consumer Helpline (call 1915, WhatsApp 8800001915, or the website and app), which records it on the INGRAM portal. Under Section 17 you can also send a written or emailed complaint directly to the CCPA, to its regional office, or to the District Collector of your district.
Mention whether consumers as a class are affected
The CCPA acts for consumers as a class. Say how widely the ad ran, how many people are likely to have bought on its strength, and whether vulnerable groups (children, patients, students, elderly people) were targeted.
Keep a record and follow up
Note the docket number or keep a copy of the email. If nothing happens in a few months, a follow-up letter with any new instances of the ad helps. Meanwhile, decide whether to file your own consumer complaint, which runs independently.
Will the CCPA get my money back?
Sometimes, indirectly. Under Section 20 the CCPA can direct a business to refund the price to consumers who bought on the strength of an unfair trade practice, and it has done so. But it decides whether to take up a matter and what directions to give, and it does not quantify your personal loss, your expenses or compensation for harassment.
If your main aim is your own refund or compensation, file a consumer complaint before the District Commission where you live or work. Misleading advertising is an unfair trade practice under Section 2(47), and the commission can order a refund, compensation, the stopping of the practice, and the issue of a corrective advertisement at the opposite party's cost under Section 39. You do not need a CCPA order first; the commission decides for itself whether the ad was misleading.
Where many consumers have suffered the same loss, Section 35 allows one or more of them to file a complaint on behalf of all of them with the commission's permission, and a recognised consumer association can also file. This class route is underused and suits cases such as a coaching centre or a gadget sold to thousands of buyers on the same false claim.
CCPA, consumer commission, ASCI or a sector regulator: which route?
| Route | What it gives you | Best for |
|---|---|---|
| CCPA (directly, via District Collector, or via the helpline) | Withdrawal or change of the ad, penalties, sometimes refunds to all buyers | Stopping an ad that misleads many people |
| District Consumer Commission | Your refund, compensation, costs, corrective advertisement | Recovering your own loss |
| ASCI (Advertising Standards Council of India) | Self-regulatory review; the ad may be withdrawn or changed | Quick action on mainstream ads; TV ads must follow the ASCI code under cable television rules |
| Food Safety and Standards Authority of India | Action on false food labels and health claims under its advertising and claims regulations | Food and nutrition claims |
| Drug regulators and police (Drugs and Magic Remedies Act 1954) | Prosecution for ads claiming to cure listed diseases | Miracle cures, magic remedies |
| Financial regulators (SEBI, RBI, IRDAI) | Action on misleading investment, loan and insurance ads under their own rules | Finfluencers, investment apps, insurance mis-selling |
You can use more than one. A complaint to ASCI or the CCPA does not stop you filing a consumer complaint, and the two-year limit for the consumer complaint keeps running while a regulator considers the matter.
ASCI, the self-declaration rule and other regulators
The Advertising Standards Council of India is the advertising industry's self-regulatory body. Anyone can complain to it online, and its Consumer Complaints Council decides whether an ad breaches the ASCI Code. ASCI's decisions are not court orders, but most advertisers comply, and the cable television rules require ads on TV to conform to the ASCI code. It is often the quickest way to get a mainstream ad changed.
Following directions of the Supreme Court in 2024 in a case concerning misleading health advertisements, the Ministry of Information and Broadcasting required advertisers to upload a self-declaration before releasing ads, on the Broadcast Seva portal for television and radio and on the Press Council of India portal for print and digital. The requirement was later limited mainly to food and health advertisements. If a food or health ad makes a claim you think is false, its self-declaration is a document the advertiser has to stand behind.
For food, the Food Safety and Standards (Advertising and Claims) Regulations 2018 govern claims such as "natural", "fresh", "high protein" and health benefits. For medicines, the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 bars ads claiming to treat a list of diseases and conditions. For investment and insurance products, SEBI, the RBI and IRDAI have their own advertising rules. A complaint to the right regulator can run alongside a consumer complaint.
A made-up example: the hair-regrowth kit
Here's a made-up example. Neha saw a series of reels by a fitness influencer with two lakh followers praising a hair-regrowth kit: "visible regrowth in 30 days, clinically proven". The posts carried no "ad" or "paid" label. She bought the three-month kit for ₹4,800 from the brand's website. After three months there was no change. The brand's website had a line in small print saying results "may vary" and that the "clinical study" was an internal survey of 40 customers.
She saved the reels by screen recording, downloaded the product page and the order invoice, and wrote to the brand asking for the study and a refund. The brand offered a 20% discount on her next order. Neha then did two things. She registered a grievance on the National Consumer Helpline and emailed a complaint to the CCPA, identifying the claim "clinically proven", the undisclosed paid relationship and the disclaimer that contradicted the headline. Separately, she filed a consumer complaint online before the District Commission where she lived, against the brand, claiming a refund, compensation and costs.
The CCPA complaint is about the ad and the thousands of buyers; the consumer complaint is about her ₹4,800 and the harassment. Either may succeed without the other. This is an illustration only, and the outcome of a real case would depend on the evidence each side produces.
If your business receives a CCPA notice about an ad
Businesses and endorsers sometimes find themselves on the other side. A CCPA notice usually identifies the claims it considers misleading and asks for a reply and supporting material within a fixed time. Take it seriously. The penalty is only part of the risk; the larger cost is often a direction to withdraw a campaign, issue corrections or refund buyers.
The reply should deal with each claim separately and attach the substantiation that existed when the ad was released: test reports, studies, certifications, data behind a ranking or result claim. Substantiation created after the notice carries less weight. For endorsers, the due diligence defence depends on what they asked for and received before endorsing, so the contract and correspondence with the brand matter.
An order under Sections 20 or 21 can be appealed to the National Commission within 30 days. For contract and compliance advice on campaigns before they run, see corporate law consultancy. Where a competitor's ad disparages your product, the remedy usually lies in a civil suit for disparagement or trademark infringement, which falls under trademark and copyright laws rather than the CCPA.
Mistakes people make with ad complaints
- Complaining about the whole ad instead of a claim. Isolate the specific statement that is false or unsupported.
- Not saving the ad. Online ads and posts are changed or deleted quickly. Save them the day you see them, with dates.
- Expecting the CCPA to pay you. It is a regulator. For your own refund, file a consumer complaint.
- Waiting for the CCPA before filing. The two-year limit for a consumer complaint runs from your cause of action, not from a regulator's decision.
- Ignoring the small print. Read the disclaimer and terms before you complain. If they contradict the headline, that strengthens your case; if they clearly qualified it, deal with that.
- Targeting only the celebrity. The endorser may have a due diligence defence. The manufacturer or service provider is always the main party.
- Overstating the loss. A consumer complaint over a misleading ad should claim what you paid, your direct expenses and a reasonable figure for harassment, with reasons.
Evidence to collect for an ad complaint
The ad itself
- Screen recording or photo with date, time and source
- URL, account name, channel or publication
- Copies of the same ad in other places
- The disclaimer and terms, captured in full
Your purchase
- Invoice or order confirmation
- Payment proof
- Product label and packaging
- Brochure, prospectus or listing you relied on
Why the claim is false
- Test reports, expert opinions or official data
- The brand's reply to your query
- Comparison with the product actually supplied
- Results or rankings from an independent source
Your complaints
- Emails to the company and its grievance officer
- National Consumer Helpline docket number
- Copy of the complaint sent to the CCPA or District Collector
- Legal notice, if one was sent
What to do this week
- Save the ad, the disclaimer and the product page, with dates, before they change.
- Write down the exact claim you say is misleading and why.
- Write to the company asking for the basis of the claim and for a refund, and keep the reply.
- Register a grievance with the National Consumer Helpline (1915) and note the docket number.
- Send a written complaint to the CCPA or the District Collector if the ad affects many people.
- If you want your money back, start preparing a consumer complaint; check the value paid and the commission.
- Note the date of purchase so that you file within two years.
Getting help with a misleading ad
A regulator complaint can be drafted by anyone, and the helpline is free. A consumer complaint over a misleading ad needs more care, because the commission will ask what exactly was claimed, what you relied on and what the opposite party knew. The steps for filing are in filing a consumer complaint online on e-Jagriti, and the right commission for your claim is explained in which consumer commission: pecuniary limits explained. If you want an advocate to read the ad and your papers first, the team of Advocate B.K. Singh at B.K. Singh & Associates can review them through the online legal enquiry form. The firm's consumer work is described on the consumer and competition laws and consumer court lawyer in Delhi pages.
Frequently asked questions
How do I complain about a misleading advertisement in India?
You can register a grievance with the National Consumer Helpline (1915 or its app), or send a written or emailed complaint to the CCPA, its regional office or your District Collector under Section 17 of the Consumer Protection Act 2019. Attach the ad, the exact claim and why you say it is false.
Can the CCPA give me compensation for a misleading ad?
Not for your individual loss. The CCPA can stop the ad, impose penalties and sometimes direct refunds to all buyers. For your own refund, expenses and compensation, file a consumer complaint before the District Commission.
What is the penalty for a misleading advertisement under the Consumer Protection Act?
The CCPA can fine a manufacturer or endorser up to ₹10 lakh, and up to ₹50 lakh for repeat violations, and fine a publisher up to ₹10 lakh. Separately, a manufacturer or service provider can be prosecuted under Section 89 and jailed for up to two years, or up to five years for a repeat offence.
Can a celebrity be punished for endorsing a false ad?
Yes. The CCPA can fine an endorser up to ₹10 lakh (₹50 lakh for a repeat) and bar them from endorsing for up to one year (three years for a repeat). An endorser who did due diligence to verify the claims is not liable.
Do influencers have to disclose paid posts in India?
Yes. Under the 2022 Guidelines and the 2023 Endorsement Know-hows, any material connection with a brand must be disclosed clearly in the post, using words like "ad", "sponsored" or "paid promotion". The disclosure must be prominent and not hidden among hashtags.
Is there a fee to complain to the CCPA?
No. There is no fee and no prescribed form for a complaint to the CCPA, the District Collector or the National Consumer Helpline. A consumer complaint before a commission is also free where the amount paid is up to ₹5 lakh.
What is the difference between ASCI and the CCPA?
ASCI is the advertising industry's self-regulatory body; its decisions rely on industry compliance and the cable television rules. The CCPA is a statutory regulator under the Consumer Protection Act 2019 with power to impose penalties, order withdrawal and refunds, and start prosecutions.
Can I file a consumer case for a misleading advertisement?
Yes. Misleading advertising is an unfair trade practice under Section 2(47) of the Act. The District Commission can order a refund, compensation, costs and a corrective advertisement. You do not need a CCPA order before filing.
Can I appeal a CCPA order?
Yes. Under Section 24, a person aggrieved by a CCPA order under Sections 20 or 21 can appeal to the National Consumer Disputes Redressal Commission within 30 days of the order.
Is a disclaimer in small print enough to protect the advertiser?
Not if it contradicts or hides the main claim. The 2022 Guidelines say disclaimers cannot be used to correct a misleading claim, should be in the same language as the claim and should be legible. A disclaimer that reverses the headline offer can itself show the ad was misleading.
What are dark patterns and can I complain about them?
Dark patterns are manipulative designs on apps and websites, such as false urgency, hidden charges added at checkout or subscriptions that are hard to cancel. The 2023 Dark Patterns Guidelines list thirteen of them, and you can complain to the CCPA or through the National Consumer Helpline.
How long do I have to file a complaint over a misleading ad?
A consumer complaint must be filed within two years from the date of the cause of action, usually the purchase or the date you discovered the claim was false. The period keeps running while a regulator considers a complaint, so do not wait for the CCPA before filing.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.