In a recent development, the government has issued new guidelines emphasising the importance of disclosure or disclaimers for celebrities, influencers and virtual influencers who endorse health products or present themselves as health experts or medical practitioners. These guidelines were released on Thursday by the Consumer Affairs Ministry, following consultations with key stakeholders including the Ministries of Health and Ayush, the Food Safety and Standards Authority of India (FSSAI) and the Advertising Standards Council of India (ASCI).
Even individuals with legitimate certifications in the medical and health fields such as medical practitioners, health and fitness experts holding credentials from recognised institutions are now required to clearly ‘disclose’ their certification status when sharing information, promoting products, services or making any claims related to health matters.
The ministry stressed that these guidelines are essential to prevent misleading advertisements, unsubstantiated claims, and to ensure transparency in endorsements related to health and wellness. Celebrities, influencers and virtual influencers who portray themselves as health experts or medical practitioners are now obligated to provide explicit disclaimers. This is to ensure that their endorsements are not mistaken for professional medical advice, diagnosis or treatment.
Topics requiring disclosure include health benefits of products, nutraceuticals, disease prevention, treatment, medical conditions, recovery methods and immunity enhancement among others. This disclosure or disclaimer must be visibly displayed during endorsements, promotions or whenever health-related statements are made.
Furthermore, individuals representing themselves as health professionals are urged to maintain a clear distinction between their personal opinions and professional advice. They should refrain from making specific health claims without substantiated evidence. The ministry also recommends encouraging audiences to consult with qualified healthcare professionals for comprehensive information and proper medical guidance.
However, it’s worth noting that general wellness and health advice not linked to specific products, services, or targeted health conditions are exempt from these regulations. Statements like ‘Drink Water and Stay Hydrated,’ ‘Exercise Regularly and Be Physically Active,’ and ‘Get Enough Good Sleep’ fall under this category.
The Department of Consumer Affairs will actively monitor and enforce these guidelines. Violations may result in penalties under the Consumer Protection Act of 2019 and other relevant legal provisions. The ministry believes that these additional guidelines will enhance industry integrity, shield consumer interests and build on the existing framework for preventing misleading advertisements and endorsements.
These guidelines serve as an important extension to the existing Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements from 2022 and they complement the ‘Endorsement Know-hows!’ guide booklet released earlier this year on January 20th.
