The Government has mandated “Disclosure or Disclaimer” for celebrities, influencers and virtual influencers when promoting as health experts or medical practitioners.The mandate was a part of the additional guidelines issued by the Govnt. On Thursday.
The directive applies to professional medical practitioners, health and fitness experts as well, as they are also required to “disclose” their ratified certification while promoting any health or fitness related products or services, or making any claims associated to the same.
The additional guidelines overseeing celebrities influencers and virtual influencers was issued by the Nodal Consumer Affairs Ministry after deliberations with key stakeholders that comprised of Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India (FSSAI), and Advertising Standards Council of India (ASCI) apart from others.
"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,” stated the Nodal Consumer Affairs Ministry.
Claims on topics related to health advantages, of food items, nutraceuticals, disease prevention, medical conditions etc are all covered under the gambit of the “disclosure or disclaimer” mandate.
"The additional guidelines aim to deal with misleading advertisements, unsubstantiated claims and ensure transparency in health and wellness endorsements," the ministry said. It further added that the celebrities and influencers endorsing themselves as health experts or medical practitioners must "clearly distinguish between their personal views and professional advice" and "refrain from making specific health claims without substantiated facts”.
"This disclosure or disclaimer should be displayed during endorsements, promotions, or at any instance of making health-related assertions," the ministry added.
However, general wellness and health advice divorced of any association with specific products or services or not targeting specific health conditions or outcomes, are exempted from the “disclosure or disclaimer” mandate.
The general wellness and health quoted examples like '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', 'Oiling of hair for better growth', etc
The Department of Consumer Affairs intends to actively administer and enforce these guidelines. Any transgression can lead to penalties under the Consumer Protection Act 2019 and the relevant provisions of the law.
An important extension to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, the issued guideline will also be viewed in line with the guide booklet released on January 20th 2023 -“Endorsement Know-hows!”.
