Endorsers And Makers Of Misleading Ads Equally Liable For Deception: Supreme Court

Following the Supreme Court”s rebuke to Patanjali for their misleading advertisements, the top Court today gave extended directions for the advertisers. Further enhancing the scrutiny, the Supreme Court alerted the advertisers and endorsers against deceptive ads to food or health.

Notably, the Court ruled that celebrities and advertisers are equally liable if the commercial for the product or service featuring them is found to be deceptive, holding endorsers, too responsible for the misleading ads. 

A two-judge bench comprising Justice Hima Kohli and Justices A Amanullah further asked the broadcasters including advertisers to submit self-declaration forms confirming their compliance with cable TV rules and advertising codes before airing ads. These declarations must be uploaded to the Broadcast Seva portal before the ads are aired, as per the Court ruling.  

The Court was hearing the continuation of the Patanjali Ayurved misleading advertisements case. Referring to the 2022 Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, the Court noted that the person needs to have enough information or experience with the product he or she is endorsing in an advertisement. The endorser also needs to make sure that the ad is not misleading, it said.

The Court then suggested the ministries set up procedures to promote lodging complaints against deceptive ads. It asked the broadcasters too to obtain a self-declaration. “Self-declaration is to be obtained for advertisement on the lines of the 1994 Cable TV Network Rules, Advertising Code et cetera,” the Court said, adding that the broadcasters may also upload the declaration on the Broadcast Sewa portal while ordering that a portal should be set up for the print media within four weeks. 

The apex Court finally stated that it does not want a lot of red tape, and does not want to make it difficult for advertisers to advertise. “We only want to make sure there is responsibility.”