Advertising & Product Liability
Advertising standards in India are predicated on a composite framework of industry adopted norms, statutory provisions governing various media, sector specific regulations, and the broader consumer protection regime.
The Advertising Standards Council of India (ASCI) serves as the leading self-regulatory authority, established in 1985 by representatives of advertisers, agencies, media, and allied professions to ensure that advertisements are legal, decent, honest, truthful, fair, and non-harmful. Its Code for Self-Regulation addresses concerns such as public decency, truthfulness, non-discrimination — including protections for gender identity, body type, and age — and safety, especially regarding advertising to children.
Regulatory bodies such as TRAI, SEBI, IRDA, and FSSAI have also assumed active roles in prescribing advertising standards within their respective sectors. In particular, compliance with ASCI standards is frequently mandated by these authorities, and public broadcasters are expected to adhere to the ASCI Code under the Cable Television Networks Rules.
The primary objective of advertising is to promote products or services. However, in an era of constant innovation and evolving technology, companies must ensure that marketing efforts comply with legal standards to avoid penalties or reputational damage.
The firm’s bouquet of advertising and product liability services include:
- Regulatory Compliance & Proactive Advice: Holistic counsel to ensure adherence to ASCI standards and sector-specific regulations.
- Advertising Audits: Systematic reviews of marketing materials, including packaging, to identify and rectify potential issues prior to release.
- Strategic Guidance: Expert opinion on labelling, disclaimers, endorsements, and product presentation.
- Representation Before Authorities: Advocacy in proceedings before ASCI’s Consumer Complaints Council, TRAI, FSSAI, IRDA, SEBI, and others.
- Litigation & Enforcement: Initiation of legal action against false, misleading, or disparaging advertisements, including civil and criminal proceedings under the Consumer Protection Act and sectoral laws.
Our clientele spans across diverse sectors, including media and entertainment, e-commerce platforms, publishing houses, financial services, hospitality, and consumer electronics. We deliver tailored solutions that balance marketing innovation with robust legal compliance.