Celebrities, Influencers Equally Responsible for Misleading Advertisements | Patanjali Product Ban

Описание: The Supreme Court of India has warned that social media influencers and celebrities will now share equal responsibility for endorsing products or services in misleading advertisements.

The apex court of India, on May 7th, declared that the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers, and advertising agencies.


The direction was passed by a Supreme Court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah in the Indian Medical Association v. Union of India and others case.
Addressing the issue, the court recognized that there is no robust mechanism for a customer to lodge a complaint against misleading Advertisements and Endorsements of Misleading Advertisements.
As per the provisions of the Food, Safety, and Standards Act, 2006, the court has directed the Ministry of Health and Family Welfare to file an affidavit furnishing the relevant data with regard to the complaints received by the Food, Safety, and Standard Authority of India and the action taken on such complaints.

"FSSAI is authorized to take action on its own in the event such misleading advertisements coming to its notice, without waiting for any complaint to be received”
Supreme Court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah

The Court has made some strong observations regarding the customers' rights and further commented on the responsibility of celebrities and influencers who endorse products in advertisements.

These directions should be treated as the law declared by the Supreme Court under Article 141 of the Constitution of India.
The Court further directed that the Self-declaration shall be uploaded by the advertiser/advertising agency on the Broadcast Sewa Portal run under the aegis of the Ministry of Information and Broadcasting. As for the advertisements in the Press/Print Media/Internet, the Ministry is directed to create a dedicated portal within four weeks from May 7.
In a world where dreams and aspirations become a driving force for advertisements, the new Supreme Court ruling is a much-needed one to keep influencers’ social accountability in check while ensuring that consumers get the best value for their purchases.
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