Celebrities and influencers, including virtual influencers — digitally created fictional characters — are now required to make clear disclaimers when impersonating health professionals or making health-related claims, under additional guidance from the Consumer Department on August 10, according to the government press release these policies are an “expansion of the Misleading Advertising Prevention and Misleading Advertising Advocacy Policies, 2022 and replacing the ‘Advocacy Information!’. Guide published on January 20, 2023”.
The additional guidelines, aimed at board-certified physicians, health and fitness professionals, celebrities, influencers and virtual influencers, aim to address issues related to “misleading advertising and unsubstantiated claims” and ensure transparency around health and wellness recommendations.
Why it matters: It’s important to note that some influencers are known for spreading misinformation, breaking codes of conduct, and scamming consumers. Misinformation about health-related topics has become a nuisance on social media platforms and YouTube, especially since the Covid-19 pandemic, which has required stricter rules for creating health content online. Equally important is ensuring strict compliance to ensure policy effectiveness.
What do the guidelines say?
For Disclosure and Disclaimer:
The policy requires board-certified physicians and health and fitness professionals who hold authorized certifications from recognized institutions to disclose that they are board-certified health professionals when sharing information, promoting products or services, or making health claims.
On the other hand, celebrities, influencers and virtual influencers posing as health professionals or doctors must provide clear disclaimers when promoting products or making health claims. The disclaimer must clarify that “its content should not be considered a substitute for professional medical advice, diagnosis or treatment”.
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In addition, when promoting such products, supporters have an obligation to encourage audiences to seek advice from healthcare professionals about changes to their diet, exercise, or medication.
For example, if influencers are promoting a health product, they can make a statement like:
“As a certified nutritionist. I recommend…” or “With my personal training background, I find this product helpful for…”.
The guidelines state that disclosure or disclaimer is required when advocates speak about health benefits or make claims. This includes benefits derived “from foods and nutraceuticals, the prevention, treatment or cure of diseases, medical conditions, methods of recovery or immunity boosting, etc.” This disclosure or disclaimer should appear with recommendations, promotions, or on any occasion promoting health-related claims.”
Information shared for fact checking:
An endorser must do the necessary homework to know the product well before promoting it. The guidelines require endorsers to conduct “a thorough investigation” and to substantiate the claims made in the advertising or promotional content before recommending a product or service. “They must conduct proper due diligence before recommending any product or service. They are preferably allowed to use or experience the product or service as much as possible before endorsing it,” the guidelines continue.
In addition, supporters must also ensure that any information or advice they share is backed up with the necessary facts. They must also provide relevant sources or citations where necessary to support their claims. Supporters may not make “false, misleading or exaggerated claims” that could potentially mislead viewers.
Exceptions:
Supporters who share general health and wellness advice that is not specific to a product or health condition or outcome are not covered by these regulations. However, celebrities, influencers and virtual influencers who submit health-related information must distinguish between their personal opinion and professional advice and must not make specific health claims without sufficient evidence.
Examples of general wellness and health advice include: “Drink water and stay hydrated”, “Fit regularly and be physically active”, “Reduce sedentary and screen time”, “Get adequate quality sleep”, “Drink turmeric milk for faster recovery”, “Use sunscreen daily to protect against harmful UV rays”, “Oil hair for better growth”, etc.
It is important to note that Supporters may not promote any health and wellness product or service that relates to information about a disorder or condition that the promotion of is prohibited by any applicable law or regulation. The Policies prohibit any endorsement or dissemination of information or advertising about any health and wellness product or service in a manner that implies or encourages its use to diagnose, cure, mitigate, treat or prevent any such disease, disorder or condition.
Compliance measures: Failure to comply with the policy will be penalized under the Consumer Protection Act 2019 and other relevant legislation relating to the disclosure of misleading, false or harmful information.
In addition, “celebrities, influencers and virtual influencers must cooperate with any investigation by relevant authorities into the authenticity of any claim they make in a recommendation,” the ministry said.
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