The Union government has implemented fresh guidelines to ensure that social media influencers and endorsers of medical products or therapies adhere to the Consumer Protection Act. The rules target misleading advertisements, unsubstantiated claims, and lack of transparency in health and wellness endorsements, incorporating penal provisions under the consumer protection law.
Influencers Clarity and Compliance in Endorsements
Consumer affairs secretary Rohit Kumar Singh stated that the new guidelines build upon norms introduced in March 2023. Their purpose is to prevent individuals from misleading their audiences when endorsing products or services. The guidelines emphasize compliance with the Consumer Protection Act and its associated rules or guidelines.
Influencers Disclosure for Health-Related Claims
A key requirement of the new rules pertains to individuals presenting themselves as health experts or medical practitioners. When sharing information, promoting products, or making health-related claims, these individuals must provide clear disclaimers. The disclaimers ensure that the audience understands that endorsements do not substitute professional medical advice, diagnosis, or treatment.
Coverage and Penalties
The rules extend to various health-related claims, encompassing health advantages derived from food items, nutraceuticals, disease prevention, treatment, cure, and recovery methodologies. Health supplements, vitamins, and immunity boosters fall under this scope. False or misleading endorsements can lead to fines on manufacturers and endorsers of up to ₹10 lakh, or ₹50 lakh for repeated violations, in accordance with the Consumer Protection Act.
Transparency and the Broader Drive for Compliance
The government’s initiative for transparency in digital endorsements extends to making marketing deals disclosure mandatory for influencers. The rules, which were published in March 2023, specifically focus on health care-related endorsements. It’s noteworthy that these guidelines do not apply to general health advice but rather concentrate on ensuring accurate and responsible health-related claims in endorsements. Its aim is to safeguard consumers and promote compliance within the influencer industry.
