COMPARATIVE ADVERTISING –A BOON OR A BANE TO CONSUMER INTEREST?

Advertising primarily aims at drawing attention of potential consumers and public about the brands, goods or services. The significance of advertising, in twenty first century, has grown enormously. Public, even in earlier ages, relied on advertising for vital information about market. But now it is one of the most powerful medium and influences everyone's life and is inseparable in modern day life. The courts have ruled that freedom of consumers will be compromised if they are deprived of access to advertising. Advertising, if it is confined to the qualities of a product or services, is an acceptable norm and as such does not give rise to any legal action. But, advertising often does compare products or services of one trader with the products or services of other who is always the competitor. Such comparison of products or services of one trader with the products or services of other results in disparagement of the products or services of the other and may lead to a conflict between the rights of the traders who advertises, rights of the competitor with whose products or services, comparison is made and rights of the consumers. In the light of the potential conflict, the paper examines how the rights of consumers in the Indian scenario remains unrealized and unsecured against false advertising.