Misleading ads case: SC says influencers, celebrities should take responsibility for products they endorse

Supreme Court on West Bengal teachers recruitment scam

The Supreme Court has come down hard on social media influencers, celebrities and public figures for endorsing products without being aware of the consequences.

The court on May 7 also asked the ministry of consumer affairs to file an affidavit on the action taken against misleading advertisements, especially in the food sector.

“Endorsements by public figures, influencers and celebrities go a long way. It is imperative for them to act with responsibility in endorsing advertisement and taking responsibility for the same. A person who endorses a product must have knowledge on the same,” A bench of justices Hima Kohli and Ahsanuddin Amanullah said.

The directive came during the hearing of a case against yoga guru Ramdev-backed Patanjali Ayurved's advertisements that claimed to cure illnesses such as diabetes through its drugs and products.

“We are of the opinion that advertisers and endorsers are equally responsible for misleading advertisements,” it said.

The advertiser should give a self-declaration on the lines of cable television rules, 1994 and then only should ads be run, the court said.

Statutory provisions were meant to serve the consumers and ensure they were aware of the products they were buying, especially in food sector.

New condition for print and broadcast ads:

The Supreme Court directed that before an advertisement is permitted to be broadcasted, the advertiser will have to file a self declaration as per the  cable television rules 1994. "The ads shall be run in channels only thereafter," the SC said.  These declarations are to be uploaded in the broadcast seva portal of the government.

The court directed the central government to come up with a similar portal for print media as well.

Consumer affairs ministry to furnish data:

The court further directed  Ministry of Consumer Affairs, Food and Public Distribution to file fresh affidavit on action taken by Central Consumer Protection Authority (CCPA) on false or misleading ads, particularly in food and health sector. FSSAI has also been ordered to file a similar affidavit.

Patanjali to take down online ads, halt sale of suspended products:

The court directed Patanjali to taken down misleading advertisements that are presently online. Furthermore, products which were prohibited are also available in a few stores. Senior advocate Balbir Singh, who appeared for Patanjali, undertook to come up with a plan to taken them down.

IMA

On April 23, the court made the ministries of information and broadcasting and consumer affairs a party to the litigation, saying misleading ads affected children and the senior citizens directly. The court said it would look into misleading ads by fast moving consumer goods (FMCG) and pharma companies as well.

The Indian Medical Association (IMA) had filed a plea over misleading advertisements by certain companies including Patanjali Ayurved claiming to cure diseases through their products.

In November, Patanjali had promised the court not to publish advertisements making false claims about its products and targeting modern medicine and vaccinations but continued with the advertisements, the court was told.

The court summoned Ramdev and the company's managing director Acharya Balkrishna, who have since published two public apologises for defying the court.

(This is a developing story, please check back for updates)