The Ministry of Consumer Affairs, Food and Public Distribution has released Additional Guidelines for Health and Wellness Celebrities, Influencers and Virtual Influencers in the field of health and wellness.
The Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers and Virtual Influencers have been developed after detailed discussions with all 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).
These guidelines are an important extension to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 released on 9th June 2022, and in lieu of the “Endorsement Know-hows!” guide booklet released on 20th January 2023.
Who is impacted by the Additional Influencer Guidelines?
The Additional Guidelines are for celebrities, influencers and virtual influencers in the field of health and wellness.
Who are virtual influencers?
Virtual influencers are computer-generated characters that mimic humanistic traits and personalities to form connections with the target audience.
What should celebrities and influencers need to do before endorsing the product?
Before endorsing a product or service, endorsers are urged to perform a careful examination and make sure they can substantiate the claims made in the advertisement.
It’s crucial that celebrities, influencers, and virtual influencers refrain from making false, deceptive, or exaggerated claims that could potentially mislead the audience. In addition, they must ensure that the information and advice they share are supported by facts and, where applicable, provide appropriate sources and citations.
What disclosures and disclaimers should influencers make during product endorsement?
The following disclosure or disclaimer must be made while 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.
- Certified medical practitioners, health & fitness experts holding certifications from recognised institutions when sharing information, promoting products or services or making any health-related claims, must disclose that they are certified health/fitness experts and medical practitioners.
- 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. They must clearly distinguish between their personal views and professional advice and refrain from making specific health claims without substantiated facts.
Further, endorsers must urge their audience to consult health and wellness centres or medical experts before making any significant changes to their medication, exercise, or diet regimens.
These disclosures or disclaimers should be displayed during endorsements, promotions or at any instance of making health-related assertions.
How to make the disclosures?
When sharing health advice or endorsing a product, an endorser can include a statement such as “As a certified nutritionist. I recommend…..” or “With my background in personal training, I find this product helpful for…”.
This approach ensures that their disclaimer and disclosure are clearly communicated to their audience without altering the overall creative presentation of their content. It must be hard to miss in static ads as well.
What is exempted under Additional Influencer Guidelines?
General wellness and health advice 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 not associated with specific products or services or not targeting specific health conditions or outcomes, are exempt from these regulations.
Who will monitor and enforce Additional Influencer Guidelines?
The Department of Consumer Affairs (DoCA) will actively monitor and enforce these guidelines.
For non-compliance with these guidelines or for sharing misleading, false or harmful information, the violators may be penalized in accordance with the Consumer Protection Act 2019 and other relevant provisions of the law.
Conclusion
The Department of Consumer Affairs( DoCA) 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.
Also read: GoI Amended the Export Policy of Food Supplements Containing Botanicals
