Lok Sabha Question No. 903 (UNSTARRED), answered on 2019-02-07
Subject: Laws for Celebrities Endorsing Food Products
Ministry: INFORMATION AND BROADCASTING
Asked by: PONGULETI SRINIVASA REDDY

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 903 TO BE ANSWERED ON 07/02/2019

## LAWS FOR CELEBRITIES ENDORSING FOOD PRODUCTS

## 903.   SHRI PONGULETI SRINIVASA  REDDY:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether celebrities endorsing food products can be prosecuted under any laws;
- (b) if so, the details thereof and if not, the reasons therefor; and
- (c) the steps being taken to enact new laws or make the existing law clear to endorse the  responsibility  on  the  celebrities  in  case  they  make  false  promises  about  the food products?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) IN THE MINISTRY OF INFORMATION & BROADCASTING [COL RAJYAVARDHAN RATHORE (Retd.)]

- (a)  &  (b):    Food  Safety  and  Standards  Authority  of  India  (FSSAI),  Ministry  of  Health  & Family Welfare has informed that Section 24 of the Food Safety and Standards Act, 2006 places restrictions of advertisements and prohibition as to unfair trade practices, which is provided below:
- (1) No  advertisement  shall  be  made  of  any  food  which  is  misleading  or deceiving or contravenes the provisions of this Act, the rules and regulations made thereunder.
- (2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair  or  deceptive  practice  including  the  practice  of  making  any  statement, whether orally or in writing or by visible representation which -
- (a) falsely  represents  that  the  foods  are  of  a  particular  standard,  quality, quantity or grade-composition;
- (b) makes a false or misleading representation concerning the need for, or the usefulness;
- (c) gives  to  the  public  any  guarantee  of  the  efficacy  that  is  not  based  on  an adequate or scientific justification thereof:

Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.

Further,  Section  53  of  the  said  Act  prescribes  penalty  for  misleading advertisement, which is as follows:

(1) Any  person  who  publishes, or is a party to the publication of an advertisement, which-

- (a) falsely describes any food; or
- (b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.

2.         Food Safety and Standards Authority of India (FSSAI) have notified in the Gazette  of  India  the  Food  Safety  and  Standards  (Advertising  and  Claims) Regulations on 19.11.2018. These regulations are aimed at establishing fairness in claims and advertisements of food products and make food businesses accountable for such claims /advertisements so as to protect consumer interest. These regulations  inter-alia,    also  provide a  list  of  prohibited  claims  and  clearly specify that any person, including a third party, who advertises or is a party to the publication of any misleading advertisement not complying with these regulations would  be  penalised,  as  per  Section  53  of  the  Food  Safety  and  Standards  Act, 2006.

These  regulations come into force on the date of their publication in the Official Gazette. However, Food Business Operators shall comply with all the provisions of these regulations by 1st July, 2019.

Celebrity endorsements are covered under above provisions.

(c):      Department  of  Consumer  Affairs  has  informed  that  there  is  no  provision  in Consumer Protection Act, 1986 to prosecute celebrities endorsing food products.  Section 2(1)(r) of the ibid Act provides that the practice of making any statement, whether orally or in  writing  or  by  visible  representation  which  falsely  represents  that  the  goods  are  of  a particular standard, quality, quantity, grade, composition, style or model; falsely represents  that  the  services  are  of  a  particular  standard,  quality  or  grade,  falls  under unfair trade practices.  A consumer can make a complaint against unfair trade practice in a consumer forum established under the Consumer Protection Act, 1986.

If,  the  complaint  is  upheld, a  Consumer Forum can issue an order to the opposite party directing him to remove the defect/or to replace the good/ or to return the price of the good to complainant as the case may be.

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