2. Unfair Trade
Practice{Mislea
ding
Advertisement
s}
Advertising is the science of arresting human intelligence long enough
to get money from it .
Misleading advertising is any published claim that gives a consumer
an incorrect understanding of product they are interested in
purchasing and using . The false and misleading advertising by
companies of any product may result in customers suffering, a
financial loss or another form of damage to the consumer.
Misleading advertisement leads to increased distribution cost
resulting in increased selling price , it tempts the buyer to buy what
he does not need .
If you think an advertisement is misleading, dishonest or indecent, we
can contact ASCI ( THE ADVERTISING STANDARDS COUNCIL OF INDIA )
3. MISLEADING ADVERTISEMENT – RED BULL
In 2013 , Red Bull was sued over the false claims it could boost performances,
concentration and reaction speed and over the tagline that could give you
wings . People said that “ Redbull doesn’t provide any more benefit to
consumer than a cup of coffee”
Beganin Caraethers was one of several consumers who brought the case
against the Austrian drinks company. He said he was a regular consumer of
Red Bull for 10 years, but that he had not developed "wings," or shown any
signs of improved intellectual or physical abilities.
4. OUTCOME/VERDICT OF THE CASE .
• Red Bull said “ Anyone who has bought Red Bull since
January 1,2002 is eligible to claim either $10 in cash or
two Red Bull products with a value of about $15, with
Red Bull paying the postage”
• However, Red Bull maintains that its marketing and
labelling have always been truthful and accurate, and
denies any wrongdoing liability.
• Red Bull also changed their slogan “ Gives you wings”
to “Gives you wiiings” technically this word is not in
the dictionary nor can be used for exact meaning for a
wing but will sound similar. So they started a new
campaign with 3i's in red bull.
5. CONCLUSION
• Multiple laws in respect of advertisement exist in general and those relating to specific
sectors cause utter confusion in the minds of the manufacturer or service providers well as
the consumers – therefore a comprehensive law or regulation on advertising in all forms of
which may provide clarity in the matter and act as a one-stop window for all matters is
highly needed.
• In order reasonable penalties other than just compensation and more coordination between
the consumer law and other law sectors through different machanisms from developed
countries should take in consideration.
• Membership of ASCI must be compulsory to all major advertisers .
• And finally, the regime must be brought slowly cautiously and after thorough decisions .