Celebrities face equal responsibility for endorsing misleading ads; Rules Supreme Court

During the court proceedings for a petition filed by the IMA against deceptive ads endorsed by Ramdev for Patanjali Ayurveda, these remarks were made.

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The Supreme Court issued a significant directive on Tuesday, asserting that celebrities and influencers hold equal responsibility as advertisers for misleading endorsements of products or services. This ruling came during the court's hearing of a petition filed by the Indian Medical Association (IMA) against misleading advertisements endorsed by Yoga exponent and entrepreneur Ramdev's Patanjali Ayurveda.

Equally Responsible Endorsements

During the hearing, the bench, comprising justices Hima Kohli and Ahsanuddin Amanullah, emphasised the importance of responsible endorsements by public figures. They stated, “It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, as advertisers and endorsers are equally responsible for issuing misleading advertisements.”

The judges underlined that advertisements often carry endorsements by celebrities and influencers, which significantly influence consumers. Hence, they stressed the need for these personalities to endorse products responsibly and take accountability for their endorsements.

Consumer Protection Measures

The court's order highlighted the significance of consumer protection measures in curbing misleading advertisements. They noted the role of central government ministries in establishing procedures that empower consumers to lodge complaints against misleading commercials effectively.

During the proceedings, Additional Solicitor General (ASG) KM Nataraj presented action-taken reports by various ministries, including consumer affairs, health, information & broadcasting, and Ayush. These reports demonstrated the government's commitment to monitoring and curbing misleading advertisements across different sectors.

Television Advertisement Oversight

ASG Nataraj also discussed the oversight mechanisms in place for television advertisements. He mentioned the self-regulatory bodies within TV networks and highlighted recent amendments to Cable TV regulations that enhance monitoring and address complaints regarding TV commercials.

Remedies and Accountability

The court underscored the importance of accountability and remedies for consumers affected by misleading advertisements. They mentioned that approaching state consumer commissions remains a vital remedy for the public. Additionally, the court directed advertisers in both print and electronic media to provide self-declarations to broadcasters, printers, or publishers, ensuring transparency and accountability in advertising practices.