New Delhi, August 11, 2023: The Department of Consumer Affairs, operating under the Ministry of Consumer Affairs, Food and Public Distribution, has unveiled a set of Additional Guidelines targeted at celebrities, influencers, and virtual influencers engaged in the health and wellness domain. These guidelines serve as an extension to the Guidelines for Prevention of Misleading Advertisements and the Endorsements for Misleading Advertisements, 2022, originally issued on June 9, 2022. These new directives also build upon the “Endorsement Know-hows!” guide booklet that was introduced on January 20, 2023.
The creation of the Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers, and Virtual Influencers follows extensive consultations with various stakeholders, including the Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India (FSSAI), and the Advertising Standards Council of India (ASCI).
The primary objective of these supplementary guidelines is to counter misleading advertisements, unverified claims, and to ensure transparency in health and wellness endorsements. Key provisions within these guidelines mandate that certified medical practitioners and health and fitness experts who possess certifications from recognized institutions must explicitly disclose their credentials when endorsing products, services, or sharing health-related information.
When celebrities, influencers, and virtual influencers portray themselves as health experts or medical practitioners while promoting products, services, or disseminating health-related information, they are required to provide unambiguous disclaimers. These disclaimers must clarify that their endorsements should not be considered a replacement for professional medical advice, diagnosis, or treatment.
This requirement for disclosure or disclaimer holds especially true for topics that include health benefits derived from food items and nutraceuticals, disease prevention, treatment or cure, medical conditions, recovery methods, and immunity enhancement, among others. Such disclaimers should be visibly present during endorsements, promotions, or any instance where health-related claims are made.
However, it’s important to note that general wellness and health advice that doesn’t relate to specific products, services, or targeted health conditions, such as ‘Stay Hydrated,’ ‘Engage in Regular Exercise,’ and ‘Get Adequate Sleep,’ are exempt from these regulations.
Celebrities, influencers, and virtual influencers must distinctly differentiate between their personal opinions and professional advice. They should refrain from making specific health claims without substantiated evidence. These entities are encouraged to guide their audiences to consult healthcare professionals for accurate medical advice and comprehensive information regarding products or services.
The Department of Consumer Affairs is fully committed to actively monitoring and enforcing these guidelines. Violations of these guidelines could result in penalties under the Consumer Protection Act of 2019 and other pertinent legal provisions.
The department’s objective is to uphold consumer interests, promote fairness and transparency within the marketplace, particularly within the influential digital space. These guidelines are poised to enhance industry practices and safeguard consumer rights.
For more detailed information regarding the new guidelines, please visit the official link provided: Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers, and Virtual Influencers.
