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The ministry stated that the goods and services must have been used or tested by the endorser, and consumers can seek legal action against those who...
Digital Desk: Consumer Affairs Ministry issued endorsement regulations for social media influencers on January 20, 2022. Offenders will face a fine of Rs 10 lakh, which can be increased to Rs 50 lakh for repeated offenders, the ministry said. If the guidelines are repeatedly violated, the influencer may eventually be prohibited from endorsing products for up to 6 years, it added.
It is necessary for the influencers to be able to back up their claims. The Consumer Protection Act of 2019 provides the framework for protecting consumers against unfair trade practices and deceptive advertisements.
The ministry stated that the goods and services must have been used or tested by the endorser, and consumers can seek legal action against those who fail to do so.
Virtual influencers, implying computer-generated avatars that act similarly to influencers, are also covered by these guidelines.
As per the guidelines, disclosures must be placed in the endorsement message in a way that makes them clear, noticeable, and nearly impossible to miss.
The new guidelines call for a Rs 10 lakh fine for first-time offenders, and a Rs 50 lakh fine for repeated offenders. In the case of repeated noncompliance with the guidelines, the ministry may even ban the celebrity from endorsing.
The advertisements must be genuine and authentic, and they should not mislead consumers by inflating the product's accuracy, scientific validity, practical utility, or performance capabilities, the ministry said.
The social media influencer market in India was worth Rs 1,275 crore in 2022, and it is expected to grow to Rs 2,800 crore by 2025, at a CAGR of 19-20 percent. The number of social media influencers of substance (those with significant impact or followers) exceeds one lakh, according to Rohit Kumar Singh, secretary of the Department of Consumer Affairs.
He added that one of the most profitable categories for influencer marketing is personal care. As per Singh, social media influencers have the most impact on the buying of clothes.
"The new guidelines broadly specify how social media influencers should disclose their relationships with brands," he said.
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