The Supreme Court has warned that public figures, social media influencers and celebrities are equally responsible and liable if they are found endorsing products or services in misleading advertisements.
As per reports, the Bench comprising Justices Hima Kohli and Ahsanuddin Amanullah noted that there are Central Consumer Protection Authority (CCPA) guidelines which require influencers to be transparent about paid endorsements.
The Court said, “We are of the opinion that the advertisers or the advertising agencies or endorsers are equally responsible for issuing false and misleading advertisements. Endorsements by public figures, influencers, celebrities etc. go a long way in promoting a product and it is imperative for them to act with responsibility when endorsing any product in the course of advertisements.”
The Court emphasised that while endorsing any product, influencers and celebrities should comply with CCPA guidelines and should not breach the trust placed in them by the public.
The court said, “They have to take responsibility for advertisements as contemplated in guideline 8 (ads that target or use children) and guideline 12 (duties of manufacturers, service providers and ad agency) to ensure that the trust of the consumer is not abused or exploited due to sheer lack of knowledge or experience. Guideline 13 requires due responsibility to be taken for advertisements and requires a person who endorses a product to have adequate information or experience with the specific food product to be endorsed, and it must be ensured that it is not deceptive.”
The Court observed this while dealing with a case filed by the Indian Medical Association (IMA) against Patanjali Ayurved over “misleading ads” published by them disparaging modern medicine.
