SARFAESI Act - High Court is not justified in staying operation of order of DRAT which conclude that there is no error apparent on face of record for DRT to invoke review jurisdiction and recall its order: SC (See 'Legal Desk') Competition Act - Restriction of price and using strikes and lock outs that would lead to manipulation of market outcomes would be considered as anti competitive practice: CCI (See 'Legal Desk') Trade Marks Act - Trademark can be registered if there is proper establishment of secondary meaning of trademark: HC (See 'Legal Desk') IBC - Adjudicating Authoriy does not have power under IBC to restrict audit commissioned under RBI circulars: NCLT (See 'Legal Desk') Arbitration Act - Prior notice of invocation of bank guarantee can be provided if there cannot be injunction against invocation: HC (See 'Legal Desk') NIPAM trains 1 mn students on Intellectual Property awareness (See 'Corp Brief') Coal production rises by 11.4 % to 60.42 mn ton in July (See 'Corp Brief') PM praises Indian men & women Chess teams for winning medals at Olympiad (See 'Corp Brief') Fishery: Women as catalyst for change: Experts (See 'Corp Brief') Inflation: Is it really 'Taxation without Legislation'! (See 'THE COB(WEB)' in TIOL) Constitution of India - Due to non-granting of relaxations under circular does not leads to violation of rights of petitioner as conditions imposed in tender is choice of authority and court cannot interfere unless it is arbitrary: HC (See 'Legal Desk') Arbitration Act - Award can be set aside if there is no proper reason provided for coming up with figure of relief amount and if it is ex facie contrary: HC (See 'Legal Desk') TradeMark Act - Person can get relief for passing off of goods and adoption of deceptively similar trademark even if trademark is not registered: HC (See 'Legal Desk') PIT Regulations - Penalty can be awarded for violation of PIT Regulations due to failure to make requisite disclosures with respect to trades within time stipulated: SEBI (See 'Legal Desk') Companies Act - MCA should follow Sec 413 and prescribe tenure of members of NCLT as 5 years: SC (See 'Legal Desk') MoS shares India's roadmap for climate protection (See 'Corp Brief') Companies Act - Appeal can be allowed if previous order does not allow appellants to access register of members which is produced as proof: HC (See 'Legal Desk') IBC - IRP can be suspended from their position if performence is not satisfactory to CoC and if there is allegations of mismanagement: IBBI (See 'Legal Desk') Trade Marks Act - If descriptionary common word which occurs in registered trademark of other party are used does not amounts to infringement of trademark: HC (See 'Legal Desk') IBC - Limitation period of filing CIRP can be extended when there is communication between parties in between even though due date arose earlies: NCLT (See 'Legal Desk') Scindia chairs Advisory Committees for Integrated Steel Plants and Secondary Sector industry (See 'Corp Brief') MoS seeks support of NSF for proposed Integrated Data System (See 'Corp Brief')

CCPA issues 24 notices for unfair trade practices against ECOMS

Published: Aug 04, 2022

By TIOLCorplaws News Service

NEW DELHI, AUG 04, 2022: THE Union Minister of State for Consumer Affairs, Food and Public Distribution, Ashwini Kumar Choubey in a written reply to a question in Lok Sabha yesterday informed that under the provisions of the Consumer Protection Act, 2019, a Central Consumer Protection Authority (CCPA) has been established w.e.f 24.07.2020 to regulate matters, inter alia, relating to false or misleading advertisements which are prejudicial to the interests of public and consumers as a class.

The CCPA has notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. These guidelines provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim advertisements; and, (c) prohibition of surrogate advertisements.

The Department of Consumer Affairs has also constituted a committee to develop a framework on checking fake and deceptive reviews in e-commerce.

The CCPA has issued 24 notices for unfair trade practices against e-commerce companies and issued two Safety Notices to alert and make consumers cautious against buying household goods like pressure cookers, helmets etc. that do not conform to the Bureau of Indian Standards.

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