This news will especially affect the interest of celebrities, influencers and virtual influencers in the field of health and wellness as the Department of Consumer Affairs(DoCA), under the Ministry of Consumer Affairs, Food and Public Distribution, has released Additional Guidelines for these people.
Endorsement Know-Hows
It is noteworthy here that these guidelines are an important extension to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 released on 9th June 2022, and in lieu of the “Endorsement Know-hows!” guide booklet released on 20th January 2023.
After a detailed discussions with all stakeholders including Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India (FSSAI) and Advertising Standards Council of India (ASCI), this Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers and Virtual Influencers has been developed.
These latest guidelines are aimed to deal with misleading advertisements, unsubstantiated claims and ensure transparency in health and wellness endorsements.
Disclaimers and Disclosures Are Mandatory
The certified medical practitioners and health & fitness experts holding certifications from recognized institutions when sharing information, promoting products or services or making any health-related claims, must disclose that they are certified health/fitness experts and medical practitioners, as part of the guidelines.
When it comes to the celebrities, influencers and virtual influencers, presenting themselves as health experts or medical practitioners, when sharing information, promoting products or services or making any health-related claims, must provide clear disclaimers, ensuring the audience understands that their endorsements should not be seen as a substitute for professional medical advice, diagnosis or treatment.
Notably, the disclosure or disclaimer is mandatory while talking or making claims on topics such as health advantages including those derived from food items & nutraceuticals, disease prevention, treatment or cure, medical conditions, recovery methodologies or immunity boosting, etc.
In addition to this the disclosure or disclaimer should be displayed during endorsements, promotions, or at any instance of making health-related assertions.
What About General Wellness and Health Advice?
Please note here that the general wellness and health advice for instance ‘Drink Water and Stay Hydrated’, ‘Exercise Regularly and Be Physically Active’, ‘Reduce Sitting and Screen Time’, ‘Get Enough Good Sleep’, ‘Drink Turmeric Milk for faster recovery’, ‘Use sunscreen daily to protect from harmful UV rays’, ‘Oiling of hair for better growth’, etc are not associated with any specific products or services or not targeting specific health conditions or outcomes, are exempted from these regulations.
But, they will have to clearly distinguish between their personal views and professional advice and to refrain from making specific health claims without substantiated facts.
Besides this they are recommended to encourage audiences to consult with healthcare professionals for seeking professional medical advice and complete information about the products or services.
While that being said, DoCA will actively monitor and enforce these guidelines.
In case of violations, it may lead to penalties under the Consumer Protection Act 2019 and other relevant provisions of the law.
With this implementation, DoCA seems to be committed to safeguarding consumer interests and hence promoting a fair and transparent marketplace, especially in the increasingly influential digital space.
In addition to that these new guidelines may further help in strengthening the industry and protect consumer interests.
