Opinion

Can a person be held liable for a fake promise in advertisement?

In this era, people have encountered an abundance of fake news on social media. Our generation often quotes that promises are meant to be broken. Spoken words are not valued anymore. We don’t even remember what we have promised to someone in the past. However, there are exceptions. So, is it possible to believe the claims advertisement. Just search the advertisement of the shampoo. There will be dozens of advertisements of shampoo claiming that customers will get long, healthy hair. How you’ll believe them and what if it is a fake promise? 

If an advertisement is making false claims or it’s brand ambassador making false claims, they will be held liable for the compensation. 

As in Kerala, a Consumer court held a film actor Anoop Menon and manufacturer of ‘Dhathri Hair Cream’ liable for making false promises. A complaint Mr. Francis Vadakkan, represented by Advocate AD Benny filed a complaint against them because Anoop Menon in advertisement assured that after the use of this product for six weeks the consumer will get lush hair growth. But the cream was proved to be ineffective. Apart from this, the film actor Anoop Menon himself

admitted that he never used the cream and has used the hair oil prepared by his mother. Whatever he promised in the advertisement was the script given by the manufacturer. He himself believed that the cream was for care of hair. 

So, the forum held that actor and manufacturer liable for misleading the gullible consumers. They have to pay 10,000 each to the consumers for making false promises. 

This was just an instance where the consumer complained because he was humiliated by family and friends for using such a product. But have you ever thought how we often ignore the claims of advertisement and how easily they make fake promises. 

Aditi Harshraj

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