Supreme Court Holds Celebrities and Influencers Accountable for Misleading Ads
The Supreme Court of India has ruled that celebrities and influencers will share equal responsibility for endorsing products or services in misleading advertisements. This decision comes in response to a petition filed by the Indian Medical Association (IMA) against Patanjali Ayurved's advertisements, which were deemed to be attacking allopathy and making false claims about curing certain diseases.
The court also directed the Ministry of Consumer Affairs, Food and Public Distribution to file a fresh affidavit on actions taken by the Central Consumer Protection Authority (CCPA) against false or misleading ads, particularly in the food and health sector. The Food Safety and Standards Authority of India (FSSAI) has also been ordered to file a similar affidavit.
The court emphasized the importance of transparency and responsibility when it comes to endorsements. Celebrities and influencers, who often hold significant sway over public opinion, must not abuse the trust placed in them by the public. They must ensure that the products they endorse are not deceptive and that they have adequate information or experience with the product.
Furthermore, the court ordered the establishment of a new portal for filing self-declaration forms for advertisements on print media. This portal is to be set up within four weeks. The next hearing in the matter is on May 14.
The court also addressed comments made by the IMA president, RV Asokan, during an interview. Asokan had criticized the Supreme Court's observations during Patanjali's misleading advertisements case, calling them "unfortunate and very vague and general statement which has demoralised the doctors." The court reminded the IMA to maintain decorum and uphold the sensitivity of the ongoing legal proceedings.
Finally, the Centre informed the Supreme Court that it will withdraw the letter sent by the Ministry of Ayush to all State and UT Licensing Authorities asking them not to take any action against ads pertaining to Ayurvedic and Ayush products under Rule 170 of the Drugs and Cosmetic Rules, 1945. This decision follows the court's criticism of the government's attempt to circumvent the law.
The Supreme Court's decision is a significant step towards holding celebrities and influencers accountable for their endorsements and ensuring that consumers are protected from misleading advertising. It also highlights the importance of transparency and responsibility in the advertising industry.