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A Critical Analysis of Celebrity Endorsements and Consumer Protection

Garvita Mishra, India International University of Legal Education and Research, Goa

ABSTRACT Celebrity and influencer endorsements play a significant huge role in what consumers choose to purchase in India. This paper analyses how the Consumer Protection Act of 2019, the Central Consumer Protection Authority guidelines from 2022 and the Advertising Standards Council of India's influencer code are enforced to regulate hoax endorsements. The paper uses the doctrinal method to study the laws, regulatory guidance and key judicial decisions. These include cases from cosmetic, health and food sectors and online betting apps and websites. The study finds that there is a duty to be obeyed by the celebrities and influencers who indulge in endorsements. If they do not, strict provisions under the rules and procedure can be invoked. However, the study also finds the rules are not clear on social media disclosures and are enforced weakly mostly relying on complaints. The paper concludes by suggesting three broad policy reforms that are needed. There should be rules about disclosing adequate information and a system where those who promote high-risk products are held more accountable.

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