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Introduction: In the world of health and wellness, influencer endorsements play a significant role. To ensure transparency and accuracy, guidelines have been established for health and wellness celebrities, influencers, and virtual influencers. This article delves into these guidelines, emphasizing disclosure, due diligence, accurate information, and exemptions.

Disclosure & Disclaimer: Health and fitness experts promoting products or services must disclose their certifications. Celebrities presenting as health experts must provide clear disclaimers. This is vital for health-related claims including disease prevention, treatment, recovery, and immunity boosting. The disclosure should be visible during endorsements and promotions.

Due Diligence & Fact-Based Information: Endorsers are urged to substantiate claims before endorsing a product or service. Adequate due diligence and product experience are recommended. Sharing factual information and providing credible sources is crucial. False, misleading, or exaggerated claims should be avoided to ensure consumer trust.

Disclaimer: Promoters must clarify that their content isn’t a substitute for medical advice. They should encourage audiences to consult professionals before significant health changes. Endorsers can include statements reflecting their expertise to ensure transparency.

General Exemption: The guidelines apply widely but exempt those sharing general wellness advice unrelated to specific products or services. Celebrities should differentiate personal views from professional advice and refrain from unsustained health claims.

Reporting & Monitoring: Cooperation with investigations regarding endorsement authenticity is necessary. Violations may lead to penalties under relevant laws.

Conclusion: Responsible endorsement in the health and wellness sector is crucial. These guidelines empower influencers to promote transparently, encouraging accurate health-related information and safeguarding consumer trust. It’s a step toward a healthier, informed society.

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Guideline issued by Department of Consumer Affairs’ is as follows:-

Additional Influencer Guidelines For Health and Wellness Celebrities, Influencers and Virtual Influencers

Disclosure & Disclaimer

Certified medical practitioners and health & fitness experts holding certifications from recognised institutions when sharing information, promoting products or services or making any health-related claims, must disclose that they are certified health/fitness expert and medical practitioner.

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 disclaimer.

The above mentioned 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 any instance of making health-related assertions.

Due Diligence and Fact-based Information

Endorsers are encouraged to conduct a thorough review and ensure they are in a position to substantiate the claims made in the advertisement before endorsing a product or service. They shall conduct adequate due diligence before endorsing any product or service. They may, preferably, use or experience product or service to the extent possible before endorsement.

Furthermore, celebrities, influencers and virtual influencers must make certain that the information and advice they share are substantiated by facts and they must provide appropriate sources and citations where necessary, It’
s essential that celebrities. influencers and virtual influencers refrain from making faise, misleading or exaggerated
claims that could potentially mislead their consumers.

Disclaimer

When promoting health and wellness products or services, celebrities, influencers and virtual influencers are obliged to include a disclaimer clarifying that their content should not be seen as a substitute for professional medical advice, diagnosis or treatment.

Simultaneously, endorsers must encourage their audience, during such promotions, to seek advice from health and wellness centres or healthcare professionals prior to making any significant alterations to their diet, exercise or medication routines.

How to disclose?

For example, when sharing health advice or endorsing a product, an endorser can include a statement such as

“As a certified nutritionist. I recommend…..”
or
“With my background in personal training, I find this product
helpful for…”.

This straightforward approach ensures that their disclaimer and disclosure are clearly communicated to their audience without altering the overall creative presentation of their content. It must be hard to miss in static ads as well.

General Exemption

While the guidelines outlined are comprehensive and applicable to a wide range of celebrities, influencers and virtual influencers, certain exemptions are in place.

Celebrities, influencers and virtual influencers who share general wellness and health advice, not associated with specific products or services or not targeting specific health conditions or outcomes, are exempt from these regulations.

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.

Examples of General Health & Wellness Advice Exempted in the Guidelines

Examples of General Health & Wellness Advice Exempted in the Guidelines

Examples of General Health & Wellness Advice Exempted in the Guidelines

Examples of General Health & Wellness Advice Exempted in the Guidelines2

Advisory Note

Celebrities, Influencers and virtual influencers should not endorse or distribute information or advertisements about any health and wellness product or service in a manner that implies or encourages its usage for diagnosing, curing, alleviating, treating or preventing any disease, disorder or condition which is prohibited from being advertised under any law for the time being in force or under any rules or regulations made thereunder.

Reporting & Monitoring!

Celebrities, Influencers and virtual influencers must cooperate with any investigation by the relevant authorities concerning the authenticity of any claim made by them in any endorsement.

Violators may be penalised in accordance to the Consumer Protection Act 2019 and other relevant provisions of the law for non-compliance with these guidelines or for sharing misleading, false on harmful information.

Have any more questions?

Refer to the detailed guidelines on any questions about endorsements.

Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022

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