Karnesh
in RTI and PIL
Asked July 08, 2013

advertising through invoice

  • 1 Answer
  • 91 Views

I don't know if this is even a valid question or not. I wanted to know whether we are legally allowed to advertise on an invoice in India? For eg., if we are an ecommerce entity, and the invoice that we are giving to our customers, on the back of it can put some advertisements??? Thanks

Answer 1

Default avatar
Harsha

Karnesh, the Indian advertising market is controlled and regulated by the Advertising Standards Council of India (a non-statutory body). It is perfectly legal to advertise on an invoice in India. the things to be taken care of are that is should be in compliance with the regulations issued by ASCI.

There are certain products and services, the advertisement of which is banned by the Govt. Following is a list of such Products and Services:

  • TOBACCO <The Cigarettes and other Tobacco Products (prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 ("Tobacco Prohibition Act")>
  • HUMAN ORGANS  <The Transplantation of Human Organs Act, 1994>
  • MAGICAL REMEDIES <The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954>
  • SERVICES FOR PRE-NATAL DETERMINATION OF SEX <The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994>
  • INFANT FORMULA (Advertising forbidden in order to encourage natural feeding of infants. See details under Food)
  • PRIZE CHITS AND MONEY CIRCULATION SCHEMES <The Prize Chits and Money Circulation Schemes (Banning) Act, 1978>
  • PHYSICIANS <Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, issued under theIndian Medical Council Act, 1956> However, medical practitioners are allowed to make a formal announcement in press regarding the following: On starting practice,On change of type of practice,On changing address,On temporary absence from duty,On resumption of another practice,On succeeding to another practice,Public declaration of charges
  • LEGAL SERVICES <The Bar Council of India Rules formulated under the Advocates Act 1961>
  • ALCOHOL (BEER, WINE AND SPIRITS) <The Cable Television Network Rules, 1994, the Advertising Codes of Doordarshan, and the All India Radio andNorms for Journalist Conduct issued by the Press Council of India prohibit any advertisement directly or indirectly promoting the production, sale, or consumption of cigarettes, tobacco products, wine, liquor, or other intoxicants>
  • PROFESSIONALS SUCH AS CHARTERED ACCOUNTANTS, COMPANY SECRATORIES AND COST ACCOUNTANTS
  • FIREARMS, WEAPONS AND AMMUNITION
  • FOOD <As per the Food Safety & Standards Act, 2006, no advertisement relating to the standard, quality, quantity or grade-composition, and no representation concerning the need for, or the usefulness of any food can be made which is misleading or deceiving or which contravenes the provisions of this law or rules and regulations made thereunder>
  • INFANT MILK FOOD
  • GAMING(gambling, games of chance; differentiate between private-sector and "state" lotteries)
  • MEDICAL DEVICES
  • MEDICAL SERVICES
  • NUTRITIONAL SUPPLEMENTS
  • OCCULT ("PSYCHIC") SERVICES
  • PHARMACEUTICALS (over-the-counter and prescription medications)
  • TESTS AND LAB ANALYSIS <The Drugs and Cosmetic Act, 1940>
  • POLITICAL CANDIDATES, POLITICAL PLATFORMS, POLITICAL PARTIES, POLITICAL ISSUES <Representation of the People (Amendment) Act, 1996>
  • PRODUCTS RELATEDD TO SEXUALITY (CONDOMS, ED DRUGS, ETC.)-Advertisements related to sexuality are allowed with the provision that there should not be any indecent representation of women under the Indecent Representation of Women (Prohibition) Act 1986. Products must comply with the Drugs and Cosmetic Act 1940 and other certification rules under the Cable Television Network Rules 1994.
  • RELIGION
  • SECURITIES <The Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003>
  • SEXUAL SERVICES
Apart from the products and services mentioned above, it is legal to put some advertisement at the back of the invoice. Also, ASCI has adopted a code of self-regulation, which applies to all involved in commissioning, creation, placement or publishing of advertisements.
Agree Comment 0 Agrees over 4 years ago

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