Governance
Additional Guidelines For Health and Wellness Celebrities
- 14 Aug 2023
- 4 min read
For Prelims: Additional Guidelines For Health and Wellness Celebrities, Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, Consumer Protection Act 2019, Consumer Welfare Fund.
For Mains: Additional Guidelines For Health and Wellness Celebrities and Significance.
Why in News?
Recently, the Ministry of Consumer Affairs, Food and Public Distribution, has issued Additional Influencer Guidelines For Health and Wellness Celebrities, Influencers and Virtual Influencers, making it mandatory for them to give disclaimers while presenting as Health Experts.
- These guidelines are an extension of the previously established "Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022".
- The additional guidelines aim to deal with misleading advertisements, unsubstantiated claims and ensure transparency in health and wellness endorsements.
What are the Key Highlights of the Guidelines?
- Disclosure of Health Certificates:
- Certified medical practitioners and 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.
- Must Provide Clear Disclaimer:
- Celebrities, influencers, and virtual influencers who position themselves as health experts or medical practitioners need to provide clear disclaimers.
- These disclaimers must emphasize that their endorsements should not be treated as substitutes for professional medical advice, diagnosis, or treatment.
- Endorsers must encourage their audience to seek advice from health and wellness centers prior to making any significant alterations to their diet, exercise or medication routines.
- Adequate Due Diligence:
- Endorsers will have to conduct adequate due diligence before endorsing any product or service. They may, preferably, use or experience product or service to the extent possible before endorsement.
- Influencers and virtual influencers must refrain from making false, misleading or exaggerated claims that could potentially mislead their consumers.
- Scope of Disclosure:
- The requirement for disclosure or disclaimer applies to endorsements, promotions, and instances where health-related claims are made.
- Topics such as health benefits from food items, nutraceuticals, disease prevention, treatment, cure, medical conditions, recovery methods, and immunity enhancement fall within the purview of these regulations.
- Exemptions for General Wellness Advice:
- General wellness and health advice, which do not pertain to specific products, services, health conditions, or outcomes, are exempt from these regulations.
- For instance, advice like "Drink Water and Stay Hydrated," "Exercise Regularly," and "Get Enough Good Sleep" are exempt.
- General wellness and health advice, which do not pertain to specific products, services, health conditions, or outcomes, are exempt from these regulations.
- Distinguishing Personal Views and Professional Advice:
- Celebrities who position themselves as health experts must clearly differentiate between their personal opinions and professional advice.
- They are cautioned against making specific health claims without credible evidence. Encouraging audiences to consult healthcare professionals for accurate medical advice is strongly recommended.
- Enforcement and Penalties:
- 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 legal provisions.
