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The Food Safety and Standards Act, 2006

24. Restrictions of advertisement and prohibition as to unfair trade practices. -

1.      No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made there under.

2.      No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which-

a.      falsely represents that the foods are of a particular standard, quality, quantity or grade-composition;

b.     makes a false or misleading representation concerning the need for, or the usefulness;

c.      gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof: Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.

Food Safety and Standards Act, 2006 Back

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