Swastik Ayurved Pharma Limited is one of the largest producers of Herbal and Ayurvedic products in India. To expand its market share, Swastik regularly advertised the claimed benefits of its products. These advertisement
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2025
Swastik Ayurved Pharma Limited is one of the largest producers of Herbal and Ayurvedic products in India. To expand its market share, Swastik regularly advertised the claimed benefits of its products. These advertisements promoted the products as having medicinal properties and the ability to cure ailments without side effects. However, the advertisements lacked any scientific evidence to support such claims. Relying upon these advertisements, Rajeev, a consumer, purchased the products. The products, however, turned out to be ineffective and did not match the claims made in the advertisements. Rajeev, the complainant, lodged a complaint with the Secretary, Ministry of Health, Government of India, alleging that the advertisements released by the company were misleading, false, and deceptive, intended to misguide the general public, and in violation of the Consumer Protection Act, 2019, which mandates that advertisements must be truthful and not misleading. Further, the Advertising Standards Council of India (ASCI) also found the advertisements to be misleading and in violation of its regulations. It was contended that the company and its directors should be held liable for such misleading and deceptive advertisements. The case was ultimately referred to the Supreme Court under Article 136 of the Constitution of India by way of a special leave to appeal. From the above case study, answer the following questions as per the provisions of the Consumer Protection Act, 2019: When and to whom a case may be lodged against and be appealed against such order ?
Answer & Explanation:
Any consumer who is aggrieved by the order of a commission can prefer an appeal in the higher commission within prescribed period from the date of the order. The appeal can be preferred- Against order of the District Commission before the State Commission within 45 days Against order of the State Commission before the National Commission within 30 days Against order of the National Commission before the Supreme Court within 30 days.
Topics: Consumer Protection Act, 2019
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