Disclosure Or Disclaimer Must For Celebrities, Influencers Endorsing As Health Experts

The government said "disclosure or disclaimer" is must for celebrities, influencers and virtual influencers while endorsing as health experts or medical practitioners as it issued additional guidelines on Thursday.

Even medical practitioners, health and fitness experts holding certifications from recognized institutions are required to "disclose" that they are certified health/fitness experts and medical practitioners while sharing information or promoting products or services or making any health-related claims.

These additional guidelines for celebrities, influencers and virtual influencers in the field of health and wellness were released by the nodal Consumer Affairs Ministry.

The guidelines have been released after discussions with the stakeholders including Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India (FSSAI), and Advertising Standards Council of India (ASCI).

"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 or immunity boosting, etc., it said.

"This disclosure or disclaimer should be displayed during endorsements, promotions, or at any instance of making health-related assertions," it added.

The ministry further said the 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," it added.

However exemption from these regulations are given to general wellness and health advice which are not associated with specific products/services or not targeting specific health conditions or outcomes.

The general wellness and health advice could be '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 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 this guideline will further 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, it added.
 

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