Imagine stumbling upon an advertisement that seems like the ultimate fix, too good to resist. You purchase the product with high hopes, only to realise after regular use that it has done more harm than good. Your skin feels dry and flaky, far from the radiant glow you expected. Disappointment sets in, and regret follows.
What now? Can you hold the company accountable for their false promises?
Yes, you can. This blog provides a comprehensive, step-by-step guide on how to deal with manufacturers and sellers of misbranded drugs and cosmetics under Indian law.
Table of Contents
- What Are Misbranded Drugs and Cosmetics, and Why Are They Prohibited?
- Remedies Under the Consumer Protection Act, 2019
- How to File Complaints Against Misbranded Drugs and Cosmetics
- Filing an Online Complaint
- Conclusion
What Are Misbranded Drugs and Cosmetics, and Why Are They Prohibited?
It’s not hard to understand why misbranded drugs and cosmetics are banned—no one wants to spend money on a serum that doesn’t deliver its promises. When a product fails to live up to its claims, it is not just a poor investment—it’s a violation of consumer rights.
According to Section 17c of the Drugs and Cosmetics Act, 1940 (DCA), a cosmetic is considered misbranded if:
- It’s not labelled as required by law,
- The label is misleading or contains false claims,
- It includes unauthorised coloring agents.
Similarly, Section 17 of the DCA defines misbranded drugs as those that are misrepresented to have more therapeutic value than they actually possess or are improperly labelled.
Penalties:
- Section 27(b) of DCA: Manufacturing, distributing, or selling misbranded drugs can lead to imprisonment (1 to 3 years) and a minimum fine of ₹500.
- Section 27a of DCA: Manufacturing or selling misbranded cosmetics may lead to imprisonment (up to 3 years) and a fine.
These provisions are in place to protect consumers from deceptive marketing and harmful products.
Remedies Under the Consumer Protection Act, 2019
The Consumer Protection Act, 2019 brought in stronger regulations and established key authorities like the Central Consumer Protection Authority (CCPA) and the Consumer Dispute Redressal Commissions (CDRC).
These bodies have the power to:
- Enforce consumer rights,
- Penalise false or misleading advertisements,
- Provide remedies to aggrieved consumers.
Important: The CDRC has a three-tier structure:
- District Forums for claims up to ₹20 lakh,
- State Commissions for ₹20 lakh to ₹1 crore,
- National Commission for claims above ₹1 crore.
If a company misleads consumers through advertisements, they may face up to 2 years of imprisonment and a fine up to ₹10 lakh. Repeat offenses can increase these penalties to 5 years of imprisonment and a fine up to ₹50 lakh.
How to File Complaints Against Misbranded Drugs and Cosmetics
Consumers can take legal action by:
- Filing an FIR under Section 318(4) of the Bhartiya Nyay Sanhita, 2023 for cheating,
- Filing a complaint in Consumer Forums at the District, State, or National levels.
Jurisdiction: File the complaint where the seller/manufacturer resides or conducts business.
Complaint Requirements:
- A plain paper application with:
- Name and address of both parties,
- Purchase details (date, price, product/service),
- Nature of the grievance,
- Supporting documents like bills, receipts, and correspondence.
- Name and address of both parties,
- Affidavit verifying the facts.
- A nominal filing fee (waived for BPL consumers for claims under ₹1 lakh).
| Claim Amount | Forum | Fee (₹) |
|---|---|---|
| Up to ₹1 lakh | District Forum | 100 |
| ₹1–5 lakh | District Forum | 200 |
| ₹5–10 lakh | District Forum | 300 |
| ₹10–20 lakh | District Forum | 400 |
| ₹20–50 lakh | State Commission | 2,000 |
| ₹50 lakh–1 crore | State Commission | 4,000 |
| Above ₹1 crore | National Commission | 5,000 |
Note: You don’t need a lawyer to file or present your case.
Limitation Period: Complaints must be filed within 2 years from the date of the cause of action. The forum aims to resolve the issue within 3 months of filing.
Filing an Online Complaint
The Government of India offers both online and telephonic platforms for lodging complaints.
Options include:
- NCH App, Consumer App, and UMANG App
- National Consumer Helpline Numbers: 1800-11-4000 or 14404
- WhatsApp: Message at 8130009809
To file a complaint:
- Register at https://consumerhelpline.gov.in
- Select the brand from the drop-down list.
- Upload supporting documents and submit the complaint online.
Grievances Against Misleading Advertisement (GAMA)
The GAMA portal, established by the Department of Consumer Affairs, enables users to report misleading advertisements. Visit https://gama.gov.in to file a complaint.
This platform works in collaboration with the Advertising Standards Council of India (ASCI), a self-regulatory body that ensures advertisements meet ethical and truthful standards.
The Consumer Complaints Council (CCC) under ASCI handles complaints against:
- False/misleading ads,
- Unsafe practices in advertising.
Conclusion
Almost every consumer has a regret story—a highlighter that dulled your skin or an overpriced oil that promised too much and delivered too little. In a market flooded with exaggerated advertising and false claims, consumers often fall prey to misbranding.
But you’re not powerless. Thanks to well-structured legal protections and complaint mechanisms, you can challenge deceptive sellers and claim compensation. This guide aims to empower you with that knowledge.
