The Department of Consumer Affairs has released additional guidelines for celebrities, influencers and virtual influencers presenting themselves as health experts or medical practitioners.

As per the guidelines, these influencers would be required to give clear disclaimers when sharing information, promoting products or services or making any health-related claims.

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, among others.

Need For New Guidelines

In a statement, the department said that the additional guidelines are aimed at dealing with misleading advertisements, unsubstantiated claims and ensuring transparency in health and wellness endorsements.

“The department is committed to safeguarding consumer interests and promoting a fair and transparent marketplace, especially in the increasingly influential digital space. This guideline will further strengthen the industry and protect consumer interests,” the statement added.

It said that the new guidelines have been developed after detailed discussions with all stakeholders, including the Ministry of Health, the Ministry of Ayush, the Food Safety and Standards Authority of India (FSSAI), and the Advertising Standards Council of India (ASCI).

Quick Look At The Guidelines

Under the guidelines, certified medical practitioners and health and fitness experts holding certifications from recognised institutions must disclose that they are certified health/fitness experts and medical practitioners when sharing information, promoting products or services or making any health-related claims.

They would also need to provide clear disclaimers so that the audience understands that the endorsement should not be seen as a substitute for professional medical advice, diagnosis or treatment.

The guidelines also said that the influencers are encouraged to conduct a thorough review and ensure they are in a position to substantiate the claims made in the advertisement before endorsing a product or service.

They will have to conduct adequate due diligence before endorsing any product or service.

“However, it is important for these celebrities, influencers and virtual influencers presenting themselves as health experts or medical practitioners to clearly distinguish between their personal views and professional advice and to refrain from making specific health claims without substantiated facts,” the statement said.

The department has also recommended them to encourage audiences to consult with healthcare professionals for seeking professional medical advice and complete information about the products or services.

However, the guidelines will not be applicable to influencers and celebrities sharing general wellness and health advice which is not associated with specific products or services or is not targeted at specific health conditions or outcomes.

The latest guidelines come a few months after the department released a set of guidelines for celebrities, influencers, and virtual influencers to put clear disclaimers in their endorsements on social media platforms.

The size of the social media influencer market in India stood at INR 1,275 Cr in 2022 and is expected to grow at a CAGR of 19-20% to reach INR 2,800 Cr by 2027, Department of Consumer Affairs Secretary Rohit Kumar Singh said earlier.