West Bengal Protection from Unfair Trade Practices and False Advertising Laws (2026)
About this article
Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
- Metric: 2019
- Metric: Act made
The most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.
- Unfair trade practices (s. 2(47)):
- False representation of quality, quantity or standard.
- Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.
- Bait-and-switch and deceptive offers.
- "Free gift" offers conditional on buying something else.
- Hoarding or destroying goods to push prices up.
- Charging more than MRP on packaged goods.
- Misleading advertisements (s. 21): the endorser — celebrity or influencer — can be fined ₹10 lakh for the first offence, ₹50 lakh for the second, and barred from endorsing anything for up to three years. This was a deliberate culture shift.
- ASCI (ascionline.in) is the self-regulatory body for advertising. Complaints filed there typically draw a response in 10 days, and advertisers must address upheld findings.
- Competition Commission of India (CCI): for anti-competitive agreements and abuse of dominance — platforms forcing exclusivity on sellers, predatory pricing — file at cci.gov.in.
When does it apply?
- A seller misrepresented a product's quality, quantity, or specifications.
- You were lured by a fake discount or a bait-and-switch.
- You were charged above the printed MRP on a packaged item.
- An advertisement made unverifiable health or performance claims.
What to Do If a Seller or Advertiser in India Uses Misleading or Unfair Practices
- File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.
- For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.
- For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.
- For systematic overcharging or price-fixing across an industry, take it to the CCI.
What should you NOT do?
- Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.
- Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.
How West Bengal differs from central law
- Metric: 2019
- Metric: Act defines unfair trade practices broadly
Unfair trade practices in West Bengal are addressed under the Consumer Protection Act, 2019 and regulated by the Central Consumer Protection Authority (CCPA). The Act defines unfair trade practices broadly, including false or misleading advertisements, offering gifts or prizes with intent to sell defective goods, non-compliance with product safety standards, and hoarding or destruction of goods.
The CCPA can investigate unfair trade practices on its own (suo motu) or upon complaint, and can issue directions to traders and impose penalties. In West Bengal, the District Consumer Forums and the State Consumer Commission handle individual complaints involving unfair trade practices. The state has also seen action under the Legal Metrology Act, 2009 (enforced by the Department of Consumer Affairs, WB) against short-weighing, MRP violations, and adulteration.
West Bengal has a network of Fair Price Shops under the Public Distribution System, and complaints about PDS-related malpractices (diversion, adulteration of foodgrains) can be filed with the Food and Supplies Department. The state also has a price monitoring cell that tracks essential commodity prices and takes action against hoarding and black-marketing under the Essential Commodities Act, 1955.
Additional Steps in West Bengal
File a consumer complaint at your District Consumer Forum for unfair trade practices. For misleading advertisements, complain to CCPA through the National Consumer Helpline (1800-11-4000) or consumerhelpline.gov.in. For MRP violations and short-weighing, contact the Controller of Legal Metrology, West Bengal. For PDS-related complaints, contact the Food and Supplies Department or call the state food helpline. Keep all evidence including receipts, advertisements, and photographs.
Relevant Law: Consumer Protection Act, 2019, Sections 2(47) and 18; Legal Metrology Act, 2009; Essential Commodities Act, 1955
Common Questions
What is the protection from unfair trade practices and false advertising right in India?
Metric: 2019Metric: Act madeThe most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.Unfair trade practices (s. 2(47)):False representation of quality, quantity or standard.Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.Bait-and-switch and deceptive offers."Free gift" offers conditional on buying something else.Hoarding or destroying goods t...
When does protection from unfair trade practices and false advertising apply?
A seller misrepresented a product's quality, quantity, or specifications.You were lured by a fake discount or a bait-and-switch.You were charged above the printed MRP on a packaged item.An advertisement made unverifiable health or performance claims.
What should I do if I was misled by false advertising or charged above MRP by a seller in India?
File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.For systematic overcharging or price-fixing across an industry, take it to the CCI.
What mistakes should I avoid with protection from unfair trade practices and false advertising?
Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.
Protection from Unfair Trade Practices and False Advertising in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- MaharashtraProtection from Unfair Trade Practices and False Advertising
- Uttar PradeshProtection from Unfair Trade Practices and False Advertising
- Tamil NaduProtection from Unfair Trade Practices and False Advertising
- KarnatakaProtection from Unfair Trade Practices and False Advertising
- DelhiProtection from Unfair Trade Practices and False Advertising
- KeralaProtection from Unfair Trade Practices and False Advertising
- GujaratProtection from Unfair Trade Practices and False Advertising