Viral But Verified? Examining The Legal Accountability Of Digital Creators For Misleading Health And Beauty Claims In India

Abstract

The rapid growth of social media has transformed digital creators into influential voices capable of shaping consumer behaviour[1] on an unprecedented scale. Unlike traditional advertisements, creator-generated content often appears personal, relatable, and trustworthy, making it significantly more persuasive. This influence is particularly evident in the health and beauty sector, where creators routinely promote skincare products, nutritional supplements, cosmetic treatments, weight-loss solutions, and wellness products through videos, reels, and personal testimonials. While such content may appear to be genuine recommendations, it frequently contains exaggerated or unverified claims that can mislead consumers and influence important health-related decisions.[2] Recognising these risks, India has gradually strengthened its regulatory framework through the Consumer Protection Act, 2019[3], the Consumer Protection (Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements) Guidelines, 2022[4], the Advertising Standards Council of India (ASCI)[5] Guidelines for Influencer Advertising, and the Food Safety and Standards Authority of India (FSSAI) regulations[6] governing health and nutrition claims. Despite these developments, the existing legal framework continues to face challenges in addressing the unique nature of influencer-driven marketing, where the distinction between personal opinion and commercial endorsement is often blurred. This article critically examines whether digital creators should be viewed merely as content creators or as legally accountable endorsers when they promote health and beauty products with misleading claims. It analyses the existing legal framework, identifies regulatory gaps, and argues that influencer accountability must extend beyond simple disclosure requirements. As digital creators increasingly profit from consumer trust, they must also bear a corresponding responsibility to ensure that the claims they communicate are accurate, transparent, and capable of verification. The article concludes that effective regulation should strike a balance between encouraging creative expression and safeguarding consumers from deceptive commercial practices in the rapidly evolving digital marketplace. [1]Consumer Protection Act 2019. [2]World Health Organization, health communication source. [3]Consumer Protection Act 2019. [4]Consumer Protection (Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements) Guidelines 2022 (CCPA Guidelines 2022). [5]Advertising Standards Council of India (ASCI) Guidelines for Influencer Advertising in Digital Media. [6]Food Safety and Standards (Advertising and Claims) Regulations 2018.