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Deceptive Ad Trends To Be Wary of in 2022

Consumers have much to watch out for in terms of deceptive advertising trends in 2022. Here are five that TINA.org will be keeping an eye on this year.  Amazon’s Liability  After a cashmere industry organisation in 2019 notified Amazon of alleged fake cashmere scarves being sold on its site, Amazon vowed to “prevent the sale of these scarves until the fiber content is properly labeled.” But rather than fix the problem, Amazon made it worse, according to a lawsuit filed by the organisation, the Cashmere and Camel Hair Manufacturers Institute (CCMI), in November 2021. “Amazon expanded and increased its marketing and sale of the Purported Cashmere Garments, to the point where they now have a very substantial presence on Amazon’s websites throughout the US and abroad,” the lawsuit said. In December, CCMI announced a resolution to the lawsuit that permanently prohibits a US supplier of many of the garments at issue and a defendant in the case, CS Accessories, from falsely marketing products as cashmere. While the claims against Amazon were voluntarily dismissed for undisclosed reasons, the fact that the lawsuit named Amazon as a defendant and cited several Amazon-specific marketing materials, such as star ratings and the product category Amazon Fashion, is noteworthy. Amazon’s liability as a marketer and seller of third-party products has been a hot topic in the courts for a couple years now. (We wrote about it here.) But in 2022, we may expect to see more lawsuits like this one seeking to hold Amazon accountable for the marketing and sale of third-party products on its site, given the large role Amazon plays in not only the marketing and sale but also the distribution of these products to consumers. (See also: Amazon’s blending of paid ads with organic search results.)  Misleading Life-saving Claims  If you claim that your product helps save lives, that’s probably going to convince a lot of people to try your product. The problem is such life-saving claims are hard to substantiate and the criteria that one advertiser uses may be different from how another advertiser defines a life-saving event. In 2020, we wrote about how Life Alert, the button-activated medical alert system known for its tagline “I’ve fallen and I can’t get up,” appeared to be casting a wide net in terms of its criteria for a life-saving event in order to claim it saves more lives than it actually does. At issue was how Life Alert defined “an actual emergency.” Then late last year, we noted that even if ADT’s claim that it has “helped save more lives than any other home security brand” is true, it’s still misleading. ADT has been around longer than any other home security brand – the company was founded in 1874, more than 130 years before Ring debuted its video doorbell – so it’s well within the realm of possibility that it has saved more lives than any of its competitors. But that doesn’t necessarily make its products any better. Upstarts like Ring, which is now owned by Amazon, can’t generally make quantitative life-saving claims because they are new companies. In fact, such claims may say more about the threat these upstarts pose to the older company making the claims than anything else. Be on the lookout for life-saving claims in 2022.  Deceptive Income Claims  Throughout October 2021, the FTC used its penalty offense authority to put a number of industries on notice, informing them of certain truth-in-advertising laws and of the agency’s ability to seek big financial penalties against those who then knowingly violate those laws. Among those industries targeted was the multilevel marketing industry. Since our founding in 2012, TINA.org has catalogued thousands of examples of MLMs using deceptive income claims to promote the “business opportunity,” despite the fact that the FTC has said most people who join legitimate MLMs make little or no money (which is why MLMs should generally avoid making any income claims). Before the FTC sent notices reminding the MLM industry to stay away from exaggerated or false earnings claims in its recruitment efforts, TINA.org sent a letter to the FTC in June urging it to implement a penalty offense program directed at that very industry. We attached a list of 668 MLMs; the FTC ended up sending notices of penalty offenses to 638 of them. At as much as $43,792 per violation, if the message is not received, some MLMs could be facing some hefty financial penalties in 2022.  Dark Patterns  Also in October 2021, the FTC announced that it was ramping up its enforcement against illegal dark patterns that trick consumers into signing up for subscriptions or trap them into recurring payments when what they really want is to cancel the subscription. The announcement came after TINA.org filed a complaint with the FTC in June regarding, among other things, Agora’s use of dark patterns, which the FTC had not explored in its original investigation of the publishing giant in 2019. Among the dark patterns we found Agora using to manipulate seniors and retirees into making decisions that they otherwise wouldn’t make (namely, purchasing Agora’s financial subscriptions and nutritional supplements): disguising and embedding ads in organic content; creating a false sense of urgency such as claiming that a product is in limited supply when it’s not in order to hasten a purchasing decision; and guilting consumers into making purchases with the use of a dark pattern called confirmshaming. Research suggests that dark patterns have proliferated in recent years as companies seek to maximize profits. This has come at the expense of consumers, who may end up ignoring independent financial advice or forgoing doctor-prescribed medications for less reliable or proven solutions. We’ll be monitoring the FTC’s enforcement efforts in 2022 to see if they can help give consumers a fighting chance.  The Metaverse  The metaverse can be a confusing place. But what we do know about it is that brands seem eager to enter these virtual worlds and the companies that run the platforms seem happy to let them in, opening the door to potential issues with advertising disclosure, among other things. On Roblox, where around half of users are under the age of 13, there are virtual

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Consumer Protection Act – Onus To Prove Deficiency In Service Is On The Complainant: Supreme Court

The Supreme Court observed that, in a consumer case, the onus of proof that there was deficiency in service is on the comThe Supreme Court observed that, in a consumer case, the onus of proof that there was deficiency in service is on the complainant. Without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service, Justices Hemant Gupta and V. Ramasubramanian observed.The complainant Dolphin International Ltd., engaged the respondent SGS India Ltd. for… Source : Live Lawhttps://www.livelaw.in/top-stories/supreme-court-onus-proof-deficiency-in-service-consumer-cases-complainant-sgs-india-vs-dolphin-international-ltd-ll-2021-sc-544-183263

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Consumer Protection Act 2019 : Can NCDRC Direct Deposit Of 50% Of Amount Determined By State Commission For Appeal Under Section 51? Supreme Court To Examine

The Supreme Court has decided to examine if the National Consumer Commission can direct deposit of entire amount or any amount higher than 50% of the Source: Live Law

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Compensated for Missing Content in “FAN” Movie

On Monday, the Supreme Court stayed a consumer tribunal order directing production house Yash Raj Films to pay Rs 15,000 to a teacher in Maharashtra, who felt cheated because the song ‘Jabra Fan’ from Shah Rukh Khan-starrer Fan was edited out of the film, as per a report by Hindustan Times. The bench questioned YRF about its decision to market Fan with the song but not include it in the film. “The problem is that you (Yash Raj Films) show something in the trailer which is not there in the movie. When the trailer is released, it is part of the movie. Why were you marketing your movie with the song when you knew it was meant to be only for promotion?” Supreme Court to YRF Afreen Fatima Zaidi had complained in 2016 that she and her family went to watch Fan after listening to ‘Jabra Fan’. However, they felt deceived when they didn’t find the track in the movie. The district consumer redressal forum rejected her complaint, but in 2017 the state commission ordered YRF to pay Rs 15,000 to Zaidi. The production house challenged the decision in National Consumer Disputes Redressal Commission. During the Supreme Court hearing, Advocate Naomi Chandra, representing YRF, stated that it was common practice in the industry to use songs in trailers that don’t necessarily have to feature in films. To which the court said, “If there is a common practice in the industry that does not mean that the practice should continue”. The report also states that the court observed the question to be decided is whether a film producer can be said to be a service provider since the movie ticket is a contract between the person who buys it and the cinema hall owner. Source : The Quint

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Delhi Model Receives Compensated Exorbitantly for Wrong Haircut

The National Consumer Disputes Redressal Commission (NCDRC) passed an order to award Rs 2 crore compensation to a model for a wrong haircut and hair treatment given to her by staff at a salon in a five-star hotel in Delhi. While passing the order, the commission observed, “The complainant was a model for hair products because of her long hair. She has done modeling for VLCC and Pantene. But due to hair cutting against her instructions, by the Opposite Party No 2, she lost her expected assignments and suffered a huge loss which completely changed her lifestyle and shattered her dream to be a top model.” The commission said the model, who was working as a senior management professional, lost her job and underwent “severe mental breakdown and trauma” due to the “medical negligence” while giving the hair treatment by the staff at the salon. “She was also working as a senior management professional and earning a decent income. She underwent severe mental breakdown and trauma due to negligence of the Opposite Party No.2 in cutting her hair and could not concrete her job and finally, she lost her job. This apart, the Opposite Party No.2 is also guilty of medical negligence in hair treatment. Her scalp was burnt and still there is allergy and itching due to fault of the staff of Opposite Party No.2,” the order stated. The model said she was “left with little or almost no hair” due to the faulty hair treatment given to her. “She submitted that due to her long well-cared hair she modelled for prestigious brands like VLCC and Pantene for hair products and she was also planning to pursue modelling as her side career. She was also offered a movie as her hair complemented her presentable demeanour. It is submitted that she has gone through the pain and trauma for the last two years after this incident,” the commission observed. Source : India Today

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WHO revises global air quality, sets new quality levels for protection of health

While WHO’s revised recommendations for air quality standards are not legally binding for countries, they may represent a turning point in the way we approach air pollution globally. The World Health Organisation (WHO) released a revised Global Air Quality Guidelines on Wednesday, announcing more stringent limits for six pollutant categories —particulate matter (PM), ozone (O3), nitrogen dioxide (NO2) sulfur dioxide (SO2) and carbon monoxide (CO).  The latest WHO guidelines provide clear evidence of the damage air pollution inflicts on human health, at even lower concentrations than previously understood. The guidelines recommend new air quality levels to protect the health of populations, by reducing levels of key air pollutants, some of which also contribute to climate change.  “Air pollution is a threat to health in all countries, but it hits people in low- and middle-income countries the hardest,” said WHO Director-General Tedros Adhanom Ghebreyesus said at the virtual launch of the guidelines.  “WHO’s new Air Quality Guidelines are an evidence-based and practical tool for improving the quality of the air on which all life depends. I urge all countries and all those fighting to protect our environment to put them to use to reduce suffering and save lives,” he further said. Since the WHO’s last 2005 global update, there has been a marked increase of evidence that shows how air pollution affects different aspects of health. Taking cognisance of these factors, the WHO has adjusted almost all the air quality norms downwards, warning that exceeding the new air quality guideline levels is associated with significant risks to health. At the same time, however, adhering to them could save millions of lives. “Since the last update in 2005, a substantial new body of evidence has accumulated, further demonstrating the degree to which air pollution affects all parts of the body, from the brain to a growing baby in a mother’s womb, at even lower concentrations than previously observed,” the WHO Director-General stressed. Here’s why levels of air pollutants on rise in Indian cities The WHO’s revised guidelines prescribe annual PM2.5 average at 5 ug/m3, bringing it down from 2005 limits set at 10 ug/m3. PM10 annual average is now 15 ug/m3 in comparison to the earlier norm of 20 ug/m3. NO2 levels, which are primarily attributable to vehicular emissions, have been revised to 10 ug/m3, in comparison to 40 ug/m3 in 2005.  “These new guidelines will have major implications for public health. They provide a practical tool for improving air quality around the world, and a robust evidence-base for developing national and local air quality standards,” Ghebreyesus said. While these guidelines not legally-binding, the WHO recommendations on air quality are an evidence-informed tool for policymakers to guide legislation and policies, in order to reduce levels of air pollutants and decrease the burden of disease that results from exposure to air pollution across the world. “It is common knowledge that lesser the exposure, the healthier is the outcome. The WHO by reducing the PM2.5 and 10 exposure levels under the new air quality guidelines has reemphasised the need for putting in more efforts to control particulate matter concentration in air. But for countries like India, it is a huge challenge to meet these guidelines. Nonetheless I hope that efforts by all stakeholders will be intensified so as to make honest efforts to aim towards the revised levels,” Dr Arun Sharma, director of ICMR’s National Institute for Implementation Research of Non-Communicable Diseases said. As low-and-middle-income countries like India experience increased disparities in air pollution exposure due to large-scale urbanisation and economic development which has largely been driven by fossil fuels, it has resulted in an unequal burden of disease and mortality for its population.  India last revised its National Ambient Air Quality Standards in 2009 —setting annual averages for PM2.5 (40 ug/m3), PM10 (60 ug/m3) and NO2 (40 us/m3) — which were more relaxed in comparison to the WHO’s 2005 guidelines and other South Asian countries like Bangladesh, Pakistan and Nepal. The WHO guidelines, also often referred to as ‘safe levels’, ring the assumption that they will lower the risk of disease or death. In 2013, outdoor air pollution and particulate matter were classified as carcinogenic by the WHO’s International Agency for Research on Cancer (IARC). An analyst at Centre for Research on Energy and Clean Air, Sunil Dahiya stressed the need for India to revise it air quality standards in view of the elevated pollution level in the country.  “It’s been more than a decade that India notified the national ambient air quality standards in 2009 and lot of new evidence on impacts of different pollutants on human health at lower pollution levels have come into existence necessitating it for Indian government to revise the standards similar to the WHO’s action,” Dahiya said, adding, “The good thing is that India is already working on revising the standards, we just need to make sure we make use of evidence gathered by the WHO and others on increasing and severe health impacts of pollutants at lower levels and try to aim towards moving closer to the WHO prescribed levels for pollutants.” Both PM2.5 and PM10 are capable of penetrating deep into the lungs but PM2.5 can even enter the bloodstream, primarily resulting in cardiovascular and respiratory impacts, and also affecting other organs. PM is primarily generated by fuel combustion in different sectors, including transport, energy, households, industry, and from agriculture. While these guidelines are not legally binding for countries, the new recommendations for air quality standards, if adopted by nations, can save millions of lives and contribute to climate change.  Findings by Greenpeace India show that of the 100 global cities in 2020, at least 92 exceeded the WHO’s revised 2021 air quality guidelines, which include 5 Indian cities as well. Delhi’s annual PM2.5 trends in 2020 was 16.8 times more than the WHO’s 2021 guidelines of 5 ug/m3, while Mumbai’s exceeded 8-fold, Kolkata 9.4, Chennai 5.4, Hyderabad seven-fold and Ahmedabad exceeded 9.8-fold. Professor SN Tripathi of Indian Institute of Technology Kanpur and a steering committee member of

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Puri first Indian city to achieve 24/7 quality drinking water supply: Odisha govt

PURI: The holy town of Puri on Monday achieved a landmark with the launch of the ambitious ‘Drink from Tap’ mission by the Odisha Government. Chief Minister Naveen Patnaik dedicated the project to the coastal town in a virtual event. About 2.5 lakh residents of Puri municipal area will now get potable clean drinking water 24×7 under the new project. Over 400 water fountains have also been installed in various parts of the town as part of the SUJAL: Drink from Tap Mission which will cater to millions of tourists. Addressing the gathering at Baliapanda, the CM said, with launch of the unique Drink from Tap Mission, a new chapter in the history of the State has been created. “Puri became the first heritage town in the country to get this facility. It is now in the league of international cities like London, New York, and Singapore to supply quality piped drinking water from tap 24/7,” he added. Reiterating his Government’s mission for safe water, Naveen said, quality drinking water is closely linked with human health, development index, and economy. To supply quality drinking water, the Government has increased its budget from ₹200 cr to ₹4000 cr in five years, he added. Apart from the resident of Puri,  2 crore tourists who visit the city they can get quality drinking water right from the tap without the need of storage and filtering. Drinking water fountains have been set up at 400 places, eliminating the need to carry plastic bottles, he added. Additionally, the Drink from Tap mission will reduce the generation of plastic waste by 400 tonne per annum. Naveen thanked the residents of Puri for their cooperation in making Rath Yatra a success. He applauded the role of Jalasathi volunteers operating under Mission Shakti. Recalling the damage inflicted by the FANI cyclone in 2019, Naveen said, he had visited Puri two days later and was disheartened to see the extent of the damage. “I have resolved to transform the abode of Mahaprabhu Jagannath into an international place of heritage. With blessings of Lord Jagannath and cooperation of residents, the Srikshetra project is making steady progress,” he said. Minister for Housing and Urban Development Pratap Jena described the launch as a landmark step by the Chief Minister to make Puri an international standard city. Very soon 16 more urban areas with a 40 lakh population would be included in the Drink from Tap Mission while efforts are on to implement this in all the urban areas of the state, said Jena. Executive engineer of Public Health Engineering Organisation (PHEO) Puri informed that 110 modern public stand-posts along the Badadanda (Grand Road) and nine by the sea beach area have been installed besides existing 1100 stand posts in the town. The old stand posts are being replaced with steel pipes and taps. At present, 36 MLD clean drinking water is being supplied. About 135-140 litre of drinking water per head per day is provided to residents which is the highest in the country, he said. 5T Secretary VK Pandian conducted the meeting, while Chief Secretary SC Mahapatra and Development Commissioner PK Jena, and WATCO MD PK Swain were present. Source : Click Here

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Bengaluru advocate sues hotel for rounding off bill

BENGALURU: A city-based advocate and activist has approached Bangalore Rural and Urban Ist Additional District Consumer Disputes Redressal Commission with a complaint against a hotel for rounding off his bill to the nearest rupee and shortchanging him of 40 paise in the process. Activist T Narasimha Murthy, who filed the complaint under Section 35 of the Consumer Protection Act 2019, stated he visited the hotel near Infantry Road in March this year and his bill totalled 264.60. However, it was rounded off to Rs 265, something which Murthy terms an unfair trade practice. Seeking an explanation, he approached the hotel manager and others, but failed to receive a satisfactory answer. Requests made by Murthy to show directions or orders passed in this regard were also futile. “If the hotel collects an excess amount to the extent of 40 paise or 50 paise on the actual bill, it will earn lakhs of rupees annually by cheating innocent customers,” Murthy claimed. The commission heard the matter on Friday and adjourned it to August 20. “Perused the complaint and documents…The complainant is directed to take the photo of the notice prepared by this office in his mobile and send/deliver it to the opposite party personally or through WhatsApp and SMS to the effect of filing of the complaint, its register number and date for appearance,” the commission’s order read. PC Rao, president, Bruhat Bangalore Hotels Association, said, “I will refrain from making any comments since the matter is sub-judice.” However, another hotelier told TOI there was no malafide intention behind rounding off the bill amount. “Since 50 paise coin or other coins of denominations less than Re 1 are not in use, we round off the amount to the nearest rupee. For example, if the bill totals Rs 264.50, we will round it off to Rs 264,” he said. Asked whether everyone follows the same rule, he said: “We are not sure. We will discuss the matter in our next association meeting.”

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