The Ministry of Consumer Affairs, Food and Public Distribution has recently released additional guidelines for health and wellness celebrities, influencers, and virtual influencers mandating them to offer disclaimers while presenting as health experts. These directives extend the previously set “Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022”. The added guidelines aim to address misleading ads, unverified claims, and ensure transparency in health and wellness endorsements.
Key Aspects of the Guidelines
The newly-issued guidelines emphasize several crucial points. Certified medical practitioners and health & fitness experts with certifications from recognized institutions must disclose their qualifications when sharing information, promoting products or services, or making any health-related claims.
Celebrities, influencers, and virtual influencers positioning themselves as health experts must provide clear disclaimers. These disclaimers should stress that their endorsements shouldn’t replace professional medical advice, diagnosis, or treatment. Endorsers have to encourage their audience to consult advice from health and wellness centers before making significant changes to their diet, exercise, or medication routines.
Due Diligence and Claim Verification
Endorsers are required to perform adequate due diligence prior to endorsing any product or service. Preferably, they should use or experience the product or service to the greatest extent possible before endorsement. Influencers and virtual influencers need to avoid making false, misleading or exaggerated claims that could mislead their consumers.
Scope and Exemptions
The requirement for disclosure or disclaimer extends to endorsements, promotions, and situations where health-related claims are made. Topics such as health benefits from food items, nutraceuticals, disease prevention, treatment, cure, medical conditions, recovery methods, and immunity enhancement are governed by these regulations.
However, general wellness advice not linked to specific products, services, health conditions, or outcomes, are exempt from these regulations. Information such as “Drink Water and Stay Hydrated”, “Exercise Regularly”, and “Get Enough Good Sleep” are examples of exempted advice.
Distinct Personal Views and Professional Advice
Celebrities acting as health experts need to clearly distinguish between their personal opinions and professional advice. They are warned against making specific health claims without credible evidence and encouraged to urge audiences to consult healthcare professionals for accurate medical advice.
Enforcement and Penalties
The Department of Consumer Affairs will actively monitor and enforce these guidelines. Violations may result in penalties under the Consumer Protection Act 2019 and other relevant legal provisions.
Consumer Protection Initiatives
Several measures to protect consumers have been launched, including the Consumer Welfare Fund, Central Consumer Protection Council, Consumer Protection Rules, 2021, Consumer Protection (E-Commerce) Rules, 2020, and National Consumer Day.
