Advertising Standards Council of India

Understanding regulatory safeguards for influencer marketing of nutraceuticals in India

Introduction

The last decade witnessed an increasing number of nutraceuticals — in the form of teas, protein powders, or hair-growth gummies — being marketed by influencers and celebrities on social media platforms. The Indian nutraceutical market is experiencing significant growth, mirrored by the meteoric rise in influencer marketing as a potent channel to reach health-conscious consumers. Reports suggest that the Indian nutraceutical market is projected to touch $10.19 billion by 2026. While collaborations between nutraceutical brands and social media influencers offer compelling opportunities for engagement and sales, this intersection operates within a complex and strictly regulated legal environment. Navigating this landscape requires adherence to a multi-layered framework, encompassing inter alia the regulations laid down by the Food Safety and Standards Authority of India (“FSSAI”), the code set out by Advertising Standards Council of India (“ASCI”), and the Consumer Protection Act, 2019 (“CP Act”). In this article, we outline the key regulatory considerations and underscore the necessity of ensuring compliant nutraceutical marketing campaigns in India.Continue Reading Understanding regulatory safeguards for influencer marketing of nutraceuticals in India

Advertisements of Illusions: A Look into Advertising Practices of Clinical Establishments in India

Introduction

While “health is wealth” is a popular adage, some might suggest that clinical establishments like corporate hospitals and private clinics have taken it too literally by commercialising and monetising healthcare and related services. The question that remains is whether the means of promoting and publicising the establishments’ offerings are unfair and mislead consumers and the public at large. Statistics presented by the Advertising Standards Council of India (“ASCI”)[1], the only dedicated watchdog for advertising practices of companies in India, suggests that a big chunk of complaints regarding misleading advertisements is related to the health sector. To put things into perspective, ASCI reported 190 instances of misleading advertisements by clinics and hospitals – from lofty claims about their services, promises of curing chronic conditions, inadequate disclosure of actual costs of the services, etc., hospitals and clinical establishments have time and again appeared on the radar of advertisement regulatory authorities.Continue Reading Advertisements of Illusions: A Look into Advertising Practices of Clinical Establishments in India

Prescription for Deception – An Analysis of Pharmaceutical Advertising in India

Introduction

Pharmaceutical advertisements hold significant power in shaping public perception of drugs, their efficacies and treatment options. In India, where healthcare access and awareness are often limited, misleading advertisements can have serious consequences. These ads have the potential to mislead customers and even endanger lives by exaggerating benefits or downplaying risks. Misleading advertisements, then, can simply be understood as uncorroborated, unsubstantiated, and often false claims made by pharmaceutical companies about their drugs – the lofty claims made by companies advertising their “COVID curing”[1] drugs to claims regarding “miracle drugs” that can battle life threatening diseases, are all case in point when one refers to misleading advertisements.Continue Reading Prescription for Deception – An Analysis of Pharmaceutical Advertising in India

Ecommerce Rules

Have you seen this while shopping online?

Hurry- Limited stock available!

Flash deal for 10 minutes only!

Have you been redirected to a download page instead of shutting a popup while playing an online game?

Have you selected food items at a certain price and suddenly noticed addition of delivery fee, packaging fee, partner fee, plus an additional tax just when you check out your cart?

Welcome to the world of dark patterns!Continue Reading Dark Patterns: An (un) fair trade practice?

Of Gambling and Gaming

India’s Ministry of Information and Broadcasting (“MIB”), on June 13, 2022, issued an advisory (“Gambling Advisory”)1 to the media, including newspapers, private satellite television channels and publishers of news and current affairs on digital media, which has been the subject of much discussion and reporting.Continue Reading Of Gambling and Gaming: A Tale of two Advisories