Advertisers had better beware. Corrective advertisements are finally here to stay and those that issue false or misleading advertisements or even surrogate advertisements can no longer escape the consequences of their action and may well be forced to come up with fresh advertisements to correct the erroneous impression created by the earlier messages.

In order to discourage advertisers from issuing false and misleading advertisements, the Consumer Protection Act (CPA) provides for issuance of corrective advertisements. That is, in addition to claiming damages for any loss or injury caused on account of such advertisements, consumers can also ask the consumer court to issue appropriate directions to the erring advertiser, so as to ensure that fresh messages are issued to neutralise the effect of the misleading advertisements.

Unfortunately, even though consumer courts in many cases have held advertisers guilty of issuing false or misleading advertisements and thereby committing an unfair trade practice, the provision for corrective advertisement has barely been used effectively. All this however has changed with the order of the Maharashtra State Consumer Disputes Redressal Commission directing United Breweries to issue corrective advertisements to neutralise the effects of their earlier surrogate advertisements promoting liquor brands.

Now by upholding this and saying that the State Commission’s direction to United Breweries to issue corrective advertisements for only a week was in fact not appropriately commensurate with the harmful influence of the surrogate advertisements issued earlier, the apex consumer court has finally ensured that the CPA is enforced in its letter and spirit — in so far as advertisements are concerned.

The apex consumer court’s order has its origin in the complaint filed by Mumbai-based consumer group, Mumbai Grahak Panchayat against surrogate liquor advertisements on Western Railway coaches. Following this, the Maharashtra State Commission directed United Breweries to issue corrective advertisements for one week and the railways to display them prominently on coaches of Western railway. The corrective advertisements were to say: “Keep liquor away from young generation” and “India’s number 1 — only natural fruit drink” and “Nimbu paani, nariyal paani, yehi hai apna alag andaz”.

Dismissing the appeal filed against this by United Breweries, the apex consumer court said the attempts by the company to promote liquor brands through surrogate advertisements (since liquor ads are banned) was highly objectionable, deplorable and patently illegal. (United Breweries Limited vs Mumbai Grahak Panchayat, FA no 491 of 2005, decided on September 4, 2006.)