In a significant move towards ensuring transparency and authenticity in health and wellness endorsements, the Department of Consumer Affairs, operating under the Ministry of Consumer Affairs, Food and Public Distribution, has unveiled a set of additional guidelines for celebrities, influencers, and virtual influencers in the realm of health and wellness.
Storyboard18 reported in June that the government is currently working on formulating these guidelines. In an exclusive interview, Rohit Kumar Singh, secretary of the Department of Consumer Affairs, said that they have conducted consultations with the Ministry of Health and Family Welfare, Ministry of Ayush, and other ministries to release the guidelines.
These guidelines serve as a crucial extension to the existing Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, which were introduced on June 9, 2022. These newly introduced guidelines are also aligned with the “Endorsement Know-hows!” guide booklet that was issued on January 20, 2023.
The development of these Additional Influencer Guidelines for Health and Wellness has emerged after in-depth consultations with key 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 tackle misleading advertisements, unsubstantiated claims, and establish clarity in health and wellness endorsements. According to the guidelines, individuals who are certified medical practitioners and possess certifications from recognised institutions in the field of health and fitness are required to disclose their credentials when sharing information, promoting products or services, or making any health-related claims.
For celebrities, influencers, and virtual influencers who present themselves as health experts or medical practitioners, it is now mandatory to provide clear disclaimers. These disclaimers are intended to ensure that their endorsements are not perceived as a replacement for professional medical advice, diagnosis, or treatment.
Such disclosures or disclaimers are particularly essential when discussing health advantages, disease prevention, treatment, cure, medical conditions, recovery methods, immunity enhancement, and related topics. The obligation to provide these disclosures or disclaimers applies during endorsements, promotions, or whenever health-related assertions are made.
However, general wellness and health advice that is not associated with specific products or services and does not target particular health conditions or outcomes are exempt from these regulations. The overarching principle for celebrities, influencers, and virtual influencers presenting themselves as health experts is to differentiate their personal views from professional advice and avoid making specific health claims without substantiated evidence. Audiences are encouraged to consult healthcare professionals for authoritative medical advice and comprehensive information about products or services.
The Department of Consumer Affairs is poised to actively monitor and enforce these guidelines. Non-compliance may result in penalties under the Consumer Protection Act 2019 and other pertinent provisions of the law.
This proactive step by the department underscores its commitment to safeguarding consumer interests and fostering a just and transparent marketplace, especially within the ever-expanding digital domain. The introduction of these guidelines is anticipated to fortify the industry while ensuring consumers’ well-being remains at the forefront of endorsement practices.
Also read: Health and wellness influencers under scanner; Govt to release special guidelines