New Guidelines Aim To Prevent Misleading Health Claims By Celebrities, Influencers

Individuals identifying as medical practitioners, health, and fitness experts will now be required to disclose their official certifications when endorsing brands or products on social media platforms. The Department of Consumer Affairs (DoCA) has introduced Additional Guidelines for celebrities, influencers, and virtual influencers engaged in the health and wellness sector. Those portraying themselves as health professionals or medical practitioners must include a clear disclaimer.

These new guidelines complement the existing Guidelines for Prevention of Misleading Advertisements and the Endorsements for Misleading Advertisements, 2022, issued on June 9, 2022, and replace the "Endorsement Know-hows" guidebook released on January 20, 2023.

The Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers, and Virtual Influencers have been devised following extensive consultations with 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 guidelines is to address deceptive advertisements, unverified claims, and to ensure transparency in health and wellness endorsements.

According to these guidelines, certified medical practitioners and health & fitness experts who possess recognized certifications must reveal their status when disseminating information, endorsing products or services, or making health-related assertions.

Celebrities, influencers, and virtual influencers presenting themselves as health experts or medical practitioners must provide explicit disclaimers to clarify that their endorsements do not substitute professional medical advice, diagnosis, or treatment.

This disclosure or disclaimer is essential when discussing or making claims about topics such as health benefits from food items & nutraceuticals, disease prevention, treatment, or recovery methods, and immunity enhancement, among others.

These disclosures or disclaimers should be prominently displayed during endorsements, promotions, or any instance of making health-related statements.

General wellness and health advice like 'Stay Hydrated by Drinking Water', 'Regular Exercise Enhances Well-being', 'Limit Sedentary Behavior and Screen Time', 'Prioritize Sufficient Rest', 'Turmeric Milk Aids Recovery', 'Daily Sunscreen Use Guards Against UV Rays', and 'Hair Oil Application for Hair Growth', which do not endorse specific products, services, or target distinct health conditions or outcomes, are exempt from these regulations.

However, it remains crucial for celebrities, influencers, and virtual influencers depicting themselves as health experts or medical practitioners to differentiate between personal opinions and professional advice, refraining from making specific health claims without substantiated evidence.

Audiences are encouraged to consult healthcare professionals for comprehensive information about products or services.

DoCA will actively oversee and enforce these guidelines, and violations may result in penalties under the Consumer Protection Act 2019 and other relevant legal provisions.

The government asserts that these guidelines will fortify the industry and safeguard consumer interests.