Disclaimer must for endorsing health products: Govt

“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,” the ministry said .

“The Additional Influencer Guidelines for Health and Wellness Celebrities, Influencers and Virtual Influencers has been developed after detailed discussions with all stakeholders, including Ministry of Health, Ministry of Ayush, Food Safety and Standards Authority of India (FSSAI) and Advertising Standards Council of India (ASCI),” it said.

The additional guidelines aim to deal with misleading advertisements, unsubstantiated claims and ensure transparency in health and wellness endorsements, the ministry said.

“Under the guidelines, certified medical practitioners and health & fitness experts holding certifications from recognized 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,” it said.

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

However, the guidelines exempt certain categories of health advice such as ‘Drink water and stay hydrated’. “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,” said the statement.

“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. 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,” statement said.

It said that “violations may lead to penalties under the Consumer Protection Act 2019 and other relevant provisions of the law”.

From the homepage

Amit Shah’s deadline to end Naxalism looming, Maoists make a request: Give time till Feb 15 

As new labour codes spark a row, a look at rise and fall of trade unions in India

‘One of them even said I should get a Chinese passport…mocked me’: Woman ‘held up at Shanghai airport’ over Arunachal mention in passport