Misleading advertising can distort consumer choices, weaken trust and divert sales from businesses that market their goods or services accurately. Brand protection therefore includes both controlling one's own claims and responding to deceptive claims by others.
What makes a claim risky
A statement may be misleading because it is false, omits important context or creates an overall impression that the advertiser cannot substantiate. Risk can arise in claims about price, origin, quality, performance, durability, warranty, availability, comparisons, endorsements or environmental benefits.
Laws and rights that may overlap
Depending on the facts, Nepal's advertising, consumer-protection, competition, electronic-commerce, trademark, copyright and sector-specific rules may apply. A competitor's use of a confusing mark or packaging can raise separate intellectual-property issues even when the advertisement also misleads consumers.
Build a defensible advertising process
- Keep evidence supporting objective claims before publication.
- State qualifications close to the claim and in readable form.
- Review influencer, affiliate and agency content before release.
- Record approvals, source data, versions and publication dates.
- Recheck claims when prices, stock, terms or evidence change.
Responding to misleading use
Preserve the advertisement, landing page, offer terms, dates, audience and evidence of consumer or market impact. Then assess whether correction, platform action, a legal notice, a regulator complaint or court relief is proportionate.
This article provides general information, not legal advice.
Related services and resources
Primary and official sources
- Consumer Protection Act, 2075 — Nepal Law Commission
- Electronic Commerce Act, 2081 — Nepal Law Commission
- Patent, Design and Trade Mark Act, 1965 – WIPO Lex — World Intellectual Property Organization
- Patent, Design and Trade Mark Act, 2022 (1965) — Nepal Law Commission
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