Patanjali Misleading advertisement case: SC says celebrities, influencers equally liable for deceptive ads
Patanjali Misleading advertisement case: Supreme Court on Tuesday took a tough stance on the issue of misleading advertisements and stated that celebrities and social media influencers are equally liable for deceptive commercials.
During its hearing in the Patanjali Ayurved misleading advertisements case, the Supreme Court also ruled that broadcasters must file a self-declaration form before airing any advertisements, stating that the commercials comply with the relevant standards.
The bench of Justices Hima Kohli and A Amanullah mentioned the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, and noted that Guideline 13 requires a person to have sufficient knowledge or experience with the product or service he or she is endorsing to ensure that it is not misleading.
"The provisions are meant to serve the consumers and ensure that the consumer is made aware of the kind of product being purchased from the market, particularly in the health and food sectors," the apex court said. It also held that celebrities and social media influencers are both responsible for misleading ads for products or services featuring them.
The top court further stressed that ministries need to set up procedures to encourage consumers to file complaints and ensure they are pursued to their logical conclusion rather than "simply being endorsed or marked".
Until then, the court ordered broadcasters to file a self-declaration form before airing any commercials saying that the commercial complies with the relevant rules and codes.
"As a remedy, we deem it appropriate to direct that a self-declaration be obtained before an advertisement is permitted. Self-declaration is to be obtained for advertisement on the lines of the 1994 Cable TV Network Rules, Advertising Code et cetera," it added.
- With inputs from agencies
