Chapter IV - General Provisions as to Articles of Food
Section 24
Section 24: Restrictions of advertisement and prohibition as to unfair trade practices
Food advertising cannot mislead, deceive or breach the Act and its subordinate rules.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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 thereunder.
(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.
Key takeaways
Core rule
Food advertising cannot mislead, deceive or breach the Act and its subordinate rules.
Practical check
Keep the exact advertisement and substantiation file; assess both explicit statements and visible representations.
Scope and operation
Unfair promotion includes false claims about standards, quality, composition or need, and unsupported guarantees of efficacy. A person raising scientific justification for a guarantee bears the proof burden stated here.
Applying the section
Keep the exact advertisement and substantiation file; assess both explicit statements and visible representations.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
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Contact BizeneedLast updated 10 October 2026