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Guidelines 1–3 of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: the definitions and who the guidelines apply to

The guidelines apply to all advertisements regardless of form, format or medium, and to the manufacturer, service provider or trader whose goods or services are advertised, and to...

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Consumer Protection
Published
October 3, 2026
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Oct 3, 2026
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Last updated: October 2026Verified against: Government sources

The 2022 guidelines of the Central Consumer Protection Authority (CCPA) set the rules for advertisements and endorsements in India. Guidelines 1 to 3 are the foundation: they say when the guidelines began, define eight terms (advertiser, advertising agency, bait advertisement, child, endorser, service provider, surrogate advertisement and the Act) and state that they apply to all advertisements in any form, format or medium and to the manufacturer, trader, advertising agency or endorser involved.

The guidelines were issued by the CCPA on 9 June 2022 (F. No. J-25/4/2020-CCPA (Reg)) under section 18 of the Consumer Protection Act, 2019, and come into force on the date of their publication in the Official Gazette. This article takes them as amended up to 3 October 2026 (no amendment listed by the CCPA). Later amendments should be checked on the CCPA website. For the Act, see the articles on section 18 (powers of the Central Authority) and section 21 (false or misleading advertisements and penalties).

Brands and agencies that are unsure how the definitions apply to a campaign can ask for compliance advisory support before a release.

Guideline 1: title and commencement

Guideline 1(1) gives the title, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022. Guideline 1(2) says they come into force on the date of publication in the Official Gazette. The notification states its purpose: "to provide for the prevention of false or misleading advertisements and making endorsements relating thereto".

Guideline 2: definitions

Guideline 2(1) has eight clauses. The table gives each in short, with the printed wording kept close.

ClauseTermWhat it means
(a)ActThe Consumer Protection Act, 2019
(b)AdvertiserA person who designs, produces and publishes advertisements, by his own effort or by entrusting it to others, to promote the sale of his goods, products or services; includes a manufacturer and service provider of such goods, products or services
(c)Advertising agencyA person or establishment providing services in designing and production of advertisements or other related services for a commission or fee
(d)Bait advertisementAn advertisement in which goods, product or service is offered for sale at a low price to attract consumers
(e)ChildA child as defined in clause (12) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015
(f)EndorserIncludes an individual, group or institution making an endorsement of any goods, product or service in an advertisement whose opinion, belief, finding or experience is the message the advertisement appears to reflect
(g)Service providerA person who provides service of any description to a potential user
(h)Surrogate advertisementAn advertisement for goods, product or service whose advertising is otherwise prohibited or restricted by law, by circumventing the prohibition or restriction and portraying it to be an advertisement for other goods, product or service whose advertising is not prohibited or restricted

Guideline 2(2) says words used but not defined, and defined in the Act, have the meaning given in the Act. The Act's definitions of advertisement, endorsement and misleading advertisement are in the article on section 2 (other definitions).

Points to notice in the definitions

Advertiser is wide. It covers a person who designs and publishes advertisements himself or through others, and it expressly includes the manufacturer and service provider. A brand owner cannot say that the agency made the advertisement; the advertiser is the person for whose sale the promotion is made.

Advertising agency requires a commission or fee. A business that produces ads for a fee is within it.

Bait advertisement is defined only by the low price and the aim of attracting consumers. The conditions that such an advertisement must meet are in guideline 5, explained in the article on guidelines 5 to 7.

Child takes the Juvenile Justice Act's meaning, and guideline 8 prescribes the restrictions on advertisements targeting children, covered in the article on guidelines 8 to 11.

Endorser covers individuals, groups and institutions. An influencer posting a review, a celebrity in a commercial and an association giving an opinion are all endorsers if their opinion, belief, finding or experience is the message the advertisement reflects. Duties of endorsers are in the article on guidelines 13 to 15.

Surrogate advertisement requires circumvention: an advertisement for a restricted product disguised as an advertisement for something else. See guideline 6.

Guideline 3: application

The guidelines apply to:

  1. all advertisements regardless of form, format or medium (3(a)); and
  2. a manufacturer, service provider or trader whose goods, product or service is the subject of an advertisement, or an advertising agency or endorser whose service is availed for the advertisement of such goods, product or service (3(b)).

Three consequences follow from the text.

  • There is no exemption by medium. Print, television, radio, online, packaging and any other medium are within "form, format or medium".
  • The guidelines bind the advertiser side (manufacturer, service provider, trader) and the service side (agency, endorser). Each can be responsible for what it does.
  • The guidelines do not name a size of business. A small trader's social media post falls under them in the same way as a national campaign.

An invented example: Harsha Bakers, a local brand, hires an influencer, Rhea, to post a short video about a new cake range through an agency, Pixel Media. Harsha Bakers is the advertiser and trader, Pixel Media is the advertising agency, and Rhea is the endorser. All three are within guideline 3(b).

Where the rest of the guidelines go

GuidelineSubjectArticle
4Conditions for a valid and non-misleading advertisementGuideline 4
5 to 7Bait advertisements, surrogate advertising and advertisements that claim goods or services come at no chargeGuidelines 5 to 7
8 to 11Children, prohibited advertisements, other laws and disclaimersGuidelines 8 to 11
12Duties of manufacturer, service provider, advertiser and agencyGuideline 12
13 to 15Endorsements, material connection and interpretationGuidelines 13 to 15

The Authority's decision is final in case of ambiguity or dispute in interpretation (guideline 15). The Act's penalties for misleading advertisements and for non-compliance with CCPA directions are in the articles on sections 21 and 88 to 89; this article quotes no penalty. The general overview post on misleading advertisements under the Act gives the wider picture.

Need help reviewing an advertisement?

A campaign involves the advertiser, the agency and often an endorser, and each has duties under these guidelines. Our compliance advisory team can check your advertisement and your contracts with agencies and endorsers against the guideline definitions and flag what to change before release.

Key takeaways

  • The guidelines were issued on 9 June 2022 under section 18 and operate from publication in the Official Gazette.
  • Eight definitions: Act, advertiser, advertising agency, bait advertisement, child, endorser, service provider and surrogate advertisement.
  • They apply to all advertisements regardless of form, format or medium.
  • They cover the manufacturer, service provider or trader, the advertising agency and the endorser.
  • Consequences follow under the Act; this article quotes no penalty.

Read next

Disclaimer: Based on the rules, regulations and guidelines named above as published in the Gazette of India or on the CCPA website, with the amending notifications the article names (consulted on 3 October 2026). Later amendments, the Consumer Protection Act, 2019 provisions referred to, State rules and CCPA advisories should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Guidelines

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Do the guidelines apply to social media posts?

Yes. Guideline 3(a) covers all advertisements regardless of form, format or medium.

Who is an advertiser?

A person who designs, produces and publishes advertisements, himself or through others, to promote sale of his goods, products or services, including a manufacturer and service provider.

Read the clause that says what happens when things go wrong; it is the one you will use.

— TaxClue Legal Desk

Guidelines: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 7 questions readers ask most on this topic.

Yes. Guideline 3(a) covers all advertisements regardless of form, format or medium.

A person who designs, produces and publishes advertisements, himself or through others, to promote sale of his goods, products or services, including a manufacturer and service provider.

Yes, if the influencer's opinion, belief, finding or experience is the message the advertisement appears to reflect.

A child as defined in clause (12) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

An advertisement for goods whose advertising is restricted by law, circumventing the restriction by portraying it as an advertisement for other goods.

Yes. Guideline 3(b) names an advertising agency whose service is availed for the advertisement.

Guideline 15 says the decision of the Central Authority shall be final.