International Journal For Multidisciplinary Research

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Towards a Statutory Framework for Comparative Advertising in India: A Call for Legal Reform

Author(s) Mr. Kushal Ashishbhai Shah, Prof. Dr. Grishma Bhavsar
Country India
Abstract Advertisement plays a significant role in promoting traders’ products creating consumer awareness. In India, Traders adapts two Primary Methods of advertising to attract consumers i.e. Traditional Advertisement and Comparative Advertisement. In traditional advertisement the traders appeal to the emotions of consumers by highlighting the quality and features of their own product. In contrast comparative advertisement involves the use of rival’s product in the advertisement to claim superior of one’s own goods often without any scientific evidence to substantiate such claim unlike United States, which has a statutory regulatory authority such as Federal Trade Commission to control, misleading or disparaging advertisement. India lacks such a statutory body instead the Advertising Standard Council of India (ASCI) performs a recommend and self-regulatory role in this regards. After the repeal of Monopolies and Restrictive Trade Practices Act, 1969 India no longer has a direct or specific statute governing disparagement and comparative advertisement. In this research paper I try to explore that, in the absence of a specific statute, how the judiciary interpret disparagement, honest practices and consumer confusion and suggests reforms to establish a more predictable and fair advertising regime. This research has adopted, the doctrinal method referring to books, journals, articles, case laws, newspapers and online links for the preparation of this research paper. To promote fair competition, protect the goodwill and reputation of businesses and ensure truthful transparent advertisement there is an urgent requirement for a clear and comprehensive legal frame work regulating comparative advertisement and product disparagement in India.
Keywords Comparative Advertisement, Unfair Trade Practice, Trademark Infringement, Disparagement, Advertising and Honest Practice.
Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-18
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.60989
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