Celebrities and influencers have to issue disclaimers and medical practitioners have to issue disclosures when giving health-related advice or endorsing products, the Consumer Affairs Ministry has said in a notification.
Medical practitioners and health and fitness experts holding certifications from recognised institutions are required to disclose that they are certified health/fitness experts and medical practitioners while sharing information, promoting products or services, or making any health-related claims, the government added.
These guidelines for celebrities, influencers, and virtual influencers have been released after discussions with stakeholders including the Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India, and Advertising Standards Council of India.
“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,” the ministry said.
This disclosure or disclaimer is necessary when talking or making claims on topics such as health advantages, including those derived from food items and nutraceuticals; disease prevention; treatment or cure; medical conditions; recovery methodologies; and immunity boosting, it said.
“This disclosure or disclaimer should be displayed during endorsements, promotions, or at any instance of making health-related assertions,” it added.
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The ministry also said celebrities, influencers and virtual influencers presenting themselves as health experts or medical practitioners should clearly distinguish between their personal views and professional advice and refrain from making specific health claims without substantiated facts.
“It is always recommended to encourage audiences to consult with healthcare professionals for seeking professional medical advice and complete information about the products or services,” the ministry said.
However, general wellness and health advice, which is not associated with specific products/services or does not target specific health conditions or outcomes—such as ‘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’, and ‘oiling of hair for better growth’—is exempted from the new directive.
The Department of Consumer Affairs will actively monitor and enforce these guidelines. Violations may lead to penalties under the Consumer Protection Act 2019 and other relevant provisions of the law.
“The additional guidelines aim to deal with misleading advertisements, unsubstantiated claims, and ensure transparency in health and wellness endorsements,” the ministry said, adding that the guidelines will strengthen the industry and protect consumer interests.
These guidelines are an important extension to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, released on June 9, 2022, and in lieu of the Endorsement Know-hows! guide booklet released on January 20 this year, the ministry added.
(With inputs from YourStory)
Edited by Swetha Kannan
