Guideline 12 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Guideline 12 is the duty clause. Every manufacturer, service provider, advertiser or advertising agency to whom the guidelines apply must make sure that factual claims can be substantiated, that research is identified by source and date, that references to others are authorised, that nothing misleads by implication or omission and that the advertisement does not exploit consumers' trust or lack of knowledge. It also lays down rules on "up to" cover-period claims and on prize competitions.
The guidelines were issued by the Central Consumer Protection Authority (CCPA) on 9 June 2022 under section 18 of the Consumer Protection Act, 2019. 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. Consequences follow under the Act, in section 21 and sections 88 and 89; this article quotes no penalty.
Each of the four parties must ensure that descriptions, claims and comparisons about objectively ascertainable facts can be substantiated and produced if the CCPA asks. Claims based on research must state the source and date. No reference to a person, firm or institution may give an unjustified advantage or bring it into ridicule, unless permission has been obtained. "Up to" cover periods and "from as low as" prices must give a fixed period or price, and lottery or prize terms must be set out. Obvious jokes and exaggeration are allowed if clearly humorous.
Manufacturers, agencies and marketing teams who must keep a substantiation file can ask for compliance advisory support on what to hold and when to produce it.
Who is bound
Guideline 12 applies to "every manufacturer, service provider, advertiser or advertising agency to whom these guidelines apply". The definitions and application are in the article on guidelines 1 to 3. Because the duty is placed on all four, a brand cannot leave the duty to the agency, and an agency cannot assume the brand has checked the claim.
The duties in clauses (a) to (e)
| Clause | Duty |
|---|---|
| (a) | All descriptions, claims and comparisons about objectively ascertainable facts are capable of substantiation, and the substantiation is produced if the Central Authority requires |
| (b) | Where claims are expressly based on or supported by independent research or assessment, the advertisement indicates the source and date |
| (c) | No reference to a person, firm or institution in a manner that gives an unjustified advantage to the product or brings that person, firm or institution to ridicule or disrepute, unless the advertiser obtains permission |
| (d) | No statement or visual that directly, by implication, by omission, by ambiguity or by exaggeration is likely to mislead consumers about the product, the advertiser or any other product or advertiser |
| (e) | The advertisement is framed so as not to abuse consumers' trust or exploit their lack of experience or knowledge |
Clause (a): substantiation
The clause covers "objectively ascertainable facts", meaning statements that can be checked, such as battery life, ingredient content or delivery time. Opinions and obvious boasts are different. The advertiser must be able to produce the substantiation "if required by the Central Authority". In practice, this means a file of test reports, data and records ready before the advertisement runs.
Clause (b): source and date
If the advertisement says it is "based on" or "supported by" research, it must indicate who did it and when. An advertisement saying "clinically proven" without naming the source and date of the research does not meet this clause where the claim is expressly based on research.
Clause (c): references to others
A comparison that names a competitor in a way that ridicules it, or a mention of an institution to borrow its standing, needs the permission of that person, firm or institution. An invented example: a tutorial app advertises that it is "used by students of a famous school" without that school's permission, giving the app an unjustified advantage. Clause (c) is not met.
Clause (d): the many ways to mislead
The text lists five routes to misleading: direct statement, implication, omission, ambiguity and exaggeration. A partly true headline with a missing condition, or a visual that suggests a feature the product lacks, falls within it. The clause also protects other advertisers' products: a misleading comparison about a competitor is within it.
Clause (e): trust and inexperience, with two illustrations
Clause (e) says the advertisement is framed so as not to abuse trust or exploit lack of experience or knowledge, and gives two illustrations.
- Cover periods and prices (clause (e)(i)). An advertisement may not make claims that use open-ended expressions for the period of cover of a product, such as "up to" a number of years, or "Prices from as low as" a figure. It must instead clearly indicate a fixed period of cover for the product or a fixed price at which the product is being offered. Where different parts have different periods of cover, it must clearly indicate the minimum and maximum of the periods that apply to the relevant parts or components.
- Lotteries, prize competitions and gifts (clause (e)(ii)). If the advertisement invites the public to take part in lotteries or prize competitions permitted under any law, or holds out the prospect of gifts, it must clearly set out all pertinent material terms and conditions so that consumers can obtain "a true and fair view of their prospects" in such activities.
An invented example: a fan manufacturer advertises cover "up to five years". Under clause (e)(i) the advertisement should say, for instance, that the motor has one period and the body another, with the minimum and the maximum stated. "Up to" alone does not do this.
The proviso: humour and obvious exaggeration
The proviso says "such obvious untruths or exaggerations as are intended to amuse or catch the eye of consumers are permissible subject to the condition they are clearly seen as humorous or hyperbolic and not likely to be understood as making literal or misleading claims for the advertised product". A cartoon in which a detergent defeats a monster does not breach clause (d). A claim that a car engine "never stops" in a serious tone is different, because a reader may take it literally.
A substantiation checklist
- List every factual claim in the advertisement.
- For each, identify the document that proves it (test report, certificate, data set).
- For research-based claims, note the source and date, and print them in the advertisement.
- Obtain written permission before naming or showing any person, firm or institution.
- Replace "up to" and "from as low as" with fixed figures, or state the minimum and maximum.
- For contests and gifts, put the main terms in the advertisement.
- Keep the file ready for a request from the Authority.
Where guideline 12 sits
Guideline 12 builds on the validity conditions in the article on guideline 4. The next guidelines, on endorsement due diligence and material connection, are explained in the article on guidelines 13 to 15. The disclaimer rules that often interact with clause (e) are in the article on guidelines 8 to 11.
Need help building a substantiation file?
If you advertise product claims, a ready file saves days when the Authority asks. Our compliance advisory team can review your claims, identify what proof is needed and set a routine for keeping it.
Key takeaways
- All four parties (manufacturer, service provider, advertiser, agency) carry the duties.
- Claims about objectively ascertainable facts must be capable of substantiation and produced when the Authority requires.
- Research-based claims must show the source and date.
- References to others need permission where they confer unjustified advantage or bring ridicule or disrepute.
- "Up to" cover periods and "from as low as" prices are not acceptable; use fixed periods or prices, or minimum and maximum for parts.
- Obvious humour and exaggeration are allowed if clearly seen as such.
Read next
- Guideline 4: conditions for a valid non-misleading advertisement
- Guidelines 13–15: endorsements, due diligence and material connection
- Sections 88–89: non-compliance with CCPA directions and the misleading advertisement offence
- Misleading advertisements under the Consumer Protection Act, 2019
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.