Chapter IX - Offences and Penalties
Section 53
Section 53: penalty for misleading food advertising
Section 53 addresses a person who publishes, or is party to publishing, an advertisement that falsely describes food or misleads about its nature, substance or quality, or gives a false guarantee.
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Need advice on Section 53?
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
Any person who publishes, or is a party to the publication of an advertisement, which– (a) falsely describes any food; or (b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.
(2) In any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.
Introduction
The penalty may extend to ₹10 lakh. The section also says an accurate statement of composition on a label or advertisement does not, by itself, prevent a finding of contravention.
Review the full impression of a food ad, including visuals, headlines, guarantees and qualifications, rather than checking only the ingredient panel.
Key takeaways
Publishers and participants
The statutory wording covers a person who publishes or is a party to publication of the advertisement.
False description or misleading impression
A false description, a likely misleading impression about nature, substance or quality, or a false guarantee can engage the section.
Accurate composition is not a complete answer
Subsection (2) says accuracy of a composition statement does not preclude a contravention finding.
Review every consumer-facing claim
Check website copy, marketplace listings, packaging, influencer briefs and paid ads for factual descriptions and guarantees. Preserve the exact creative and date used.
Substantiate the complete impression
Test whether visuals and prominent claims might mislead even when a small composition statement is accurate. Match claims to product specifications and supporting evidence.
Set a correction process
When a claim is challenged, preserve approval and substantiation records, stop or correct unsupported creatives and examine the applicable notice and adjudication route.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Approve food claims against evidence before publication.
- Retain versions and sign-offs for advertising creatives.
- Review implied guarantees and not just literal ingredient statements.
Avoid
- Do not assume a correct ingredient list cures a misleading headline.
- Do not publish an unverified guarantee about food quality or composition.
Frequently asked questions
Can a true ingredient list make an otherwise misleading ad safe?
Not necessarily. Section 53(2) says an accurate composition statement does not preclude a contravention finding.
Is ₹10 lakh automatic?
No. It is the statutory ceiling; the actual penalty depends on the case and section 49 factors.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026