look news india
The legal crackdown is being tightened on companies selling substandard products by promising consumers across the country that they can lose several kilos of weight in a few weeks. Big cities like Delhi, Noida, Lucknow, Mumbai, Jaipur and Bengaluru are nowadays flooded with tempting claims like ‘Lose 10 kg in 15 days’ through social media and internet advertisements. In one such case, the District Consumer Disputes Redressal Commission, taking a strict stand, has imposed a heavy fine on a company that made false promises of reducing obesity in the name of natural and Ayurvedic treatments. The Commission has clarified that advertisements that play with the health and trust of consumers will not be tolerated under any circumstances under unfair trade practices.
According to the case, the victim customer had purchased an expensive Ayurvedic weight loss course lasting several months after being influenced by the tempting claims made by the company in television and social media advertisements. The advertisement claimed that regular consumption of this herbal medicine without any heavy exercise or strict diet would melt the excess fat in the body within a few weeks. The victim consumed medicines regularly as prescribed by the company and spent lakhs of rupees. Even after the prescribed period had passed, the customer’s weight did not decrease even by a single gram, instead stomach ache, weakness and serious side effects related to the digestive system started appearing. When the customer contacted the company’s customer care and asked for a refund, the company representatives refused to take responsibility and started evasiveness.
Hurt by the company’s stubborn attitude, the victim exercised his rights and approached the consumer court. During the hearing, the company completely failed to present any concrete clinical trial reports or scientific evidence to support the claims of effectiveness and weight loss of its products. The Consumer Commission found that the company made misleading claims with the aim of misleading consumers and earning unfair profits. The court held the company guilty of serious deficiency in service and unfair trade practices and ordered the company to refund the entire amount spent by the customer on the medicines along with 9 percent interest. Along with this, strict instructions were given to pay compensation of lakhs of rupees to the victim for mental harassment and to bear the court expenses, besides depositing the penalty in the Consumer Welfare Fund.
According to the Consumer Protection Act 2019 and the new guidelines of the Central Consumer Protection Authority (CCPA), making misleading advertisement regarding any product or service is a punishable offence. Under the law, companies that mislead the public through false claims can be fined Rs 10 lakh to Rs 50 lakh. Not only this, if any celebrity or social media influencer promotes such products without checking the authenticity of the product, then there is a provision of banning them from advertising and financial penalty. Claiming that medicines sold in the name of Ayurvedic, Unani or Herbal contain magic or can cause overnight weight loss or cure diseases is also considered a direct violation of the ‘Drugs and Magic Remedies Act’.
Health experts and legal experts believe that reducing obesity is a scientific and physical process that depends on a balanced diet, physical exercise and metabolism. No magic pill, powder or oil can achieve permanent weight loss. Consumers should keep these important points in mind:
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Don’t blindly trust only the ‘before-after’ pictures shown in social media reels or advertisements.
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Valid license number of Ministry of AYUSH, FSSAI on the product and full check of the ingredients.
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Be cautious if any company makes unreasonable claims of 100 percent money-back guarantee or weight loss in a certain number of days.
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Always consult a qualified dietitian or medical practitioner before starting any supplement.
If any company or brand has sold you a product through false claims which had no effect, then you can lodge your complaint sitting at home. For this, one can register on the ‘National Consumer Helpline’ (NCH) portal (consumerhelpline.gov.in) of the Ministry of Consumer Affairs, Government of India or a complaint can be lodged by calling 1915. Apart from this, through ‘e-Daakhil’ (edaakhil.nic.in) portal, you can directly file a case online with the Consumer Commission of your district without any lawyer. This tough decision of the consumer court proves that if consumers become aware and raise their voice, then even the biggest companies making misleading claims have to bow down.