In short
- The statutory layer is the CCPA's 2022 misleading-advertisement guidelines: fines up to ₹10 lakh, ₹50 lakh for repeats, and endorser bans of up to 1 year, or 3 years for repeats.
- The Endorsement Know-hows! (20 Jan 2023) asks endorsers to disclose any material connection in plain words and not to endorse what they have not used or checked.
- A 10 Aug 2023 release added health rules: certified experts state their certification, others add a not-medical-advice disclaimer, and general advice is exempt.
- Due diligence is shared work: the creator tests the product, and the brand supplies evidence for every claim before the post goes live.
The Department of Consumer Affairs (DoCA) regulates influencer endorsements in three layers: the Central Consumer Protection Authority's Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, which carry the fines; the Endorsement Know-hows! guide of 20 January 2023; and additional health and wellness guidelines of 10 August 2023. Between them they require clear disclosure of any material connection and due diligence before anyone endorses a product.
Our ASCI influencer guidelines guide covers the advertising industry's code and summarises these penalties in a paragraph. This post goes deeper into the government side: what each document says, what counts as due diligence, and how a brand builds it into a campaign. For the wider channel, see our complete guide to influencer marketing in India.
Three documents, one framework
| Document | Date | What it does | Force |
|---|---|---|---|
| Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 | Notified 9 Jun 2022 by the CCPA under section 18 of the Consumer Protection Act 2019 | Defines bait, surrogate and free-claim advertisements, sets rules on children's ads and disclaimers, and sets duties for manufacturers, service providers, advertisers, agencies and endorsers | Carries penalties |
| Endorsement Know-hows! | Released 20 Jan 2023 | A guide for celebrities, influencers and virtual influencers on disclosure and due diligence | Guidance, released in line with the Act |
| Additional guidelines for health and wellness celebrities, influencers and virtual influencers | Released 10 Aug 2023 | Credential and disclaimer rules for health content | DoCA says it will monitor and enforce, with penalties under the Act |
Two notes on confidence. First, the Know-hows booklet itself sits on the Department's website, which we could not open, so we describe it from the PIB release of 20 January 2023. Second, PIB says the August 2023 health guidelines were issued "in lieu of" the Know-hows booklet and as an extension of the 2022 guidelines. Coverage differs on whether that replaces the booklet entirely. The health guidance covers health only, and the booklet's general principles are still the clearest statement of what the regulator expects, so we follow both.
Who counts as an endorser
The Know-hows applies to any celebrity, influencer or virtual influencer who has access to an audience and can influence their purchasing decisions or opinions about a product, service, brand or experience. There is no follower threshold in that description. A creator with 8,000 followers who can sway buyers is covered in the same way as one with 800,000.
What the Know-hows asks for
PIB's summary gives four points.
- Prominent disclosure. Disclosures must be clear and hard to miss.
- A wide list of material connections. Benefits and incentives, monetary or other compensation, trips or hotel stays, media barters, coverage and awards, free products with or without conditions, discounts, gifts, and family, personal or employment relationships.
- Plain language. Terms such as "advertisement", "sponsored" or "paid promotion" can be used.
- Experience and due diligence. Endorsers should not endorse a product or service they have not personally used or experienced, or on which they have not done due diligence.
The list is broader than it looks. Free products count with or without conditions, so a PR box with no posting obligation still triggers disclosure if the creator posts about it. For the exact label words and where they go, see our post on influencer disclosure hashtags and labels.
Where ASCI and DoCA agree and differ
| Question | ASCI | DoCA and the CCPA |
|---|---|---|
| What triggers disclosure? | A material connection, with a similar list | Any material connection, with a similar list |
| Which words? | A fixed list of eight, plus platform tools | Plain terms such as advertisement, sponsored, paid promotion |
| Who is responsible? | Influencer discloses; advertiser ensures conformity and can ask for edits | Duties on manufacturers, service providers, advertisers, agencies and endorsers |
| Typical outcome | Request to modify or withdraw | Fines and endorser bans |
| Due diligence | Influencers advised to satisfy themselves the advertiser can substantiate claims | Endorsers should not endorse what they have not used or checked |
What the 2022 guidelines add
PIB's release of 10 June 2022 explains that the CCPA notified the guidelines under section 18 of the Consumer Protection Act 2019, and that "misleading advertisement" is already defined in section 2(28) of the Act. We have read PIB's description, not the guidelines' full text. These are the parts that touch creator content.
- Bait, surrogate and free-claim advertisements. The guidelines define bait and surrogate advertisements and set out what counts as a free claim. A giveaway post or an "offer" caption may amount to a free claim, so check the terms behind it.
- Disclaimers. A disclaimer must not hide material information whose omission would make an ad deceptive or conceal its commercial intent, and must not be used to correct a misleading claim. It must be in the same language as the claim and in the same font. That makes a tiny "T&C apply" line in a caption a poor defence.
- Children. Ads aimed at children must not exaggerate features in a way that creates unrealistic expectations, and must not make health or nutritional claims without adequate, scientific substantiation by a recognised body. They must not feature personalities from sports, music or cinema for products that require a health warning under any law or that children cannot buy. If you cast a celebrity creator for a kids' campaign, check this first.
- Duties. The guidelines set separate duties for manufacturers, service providers, advertisers and advertising agencies, and require due diligence before endorsing.
Penalties
| Action | First contravention | Subsequent contraventions |
|---|---|---|
| Fine on manufacturers, advertisers and endorsers | Up to ₹10 lakh | Up to ₹50 lakh |
| Ban on an endorser making any endorsement | Up to 1 year | Up to 3 years |
You may see reports of a six-month endorsement ban. PIB's description of the 2022 guidelines does not say that. It gives one year and three years. We have not reviewed the statute's text, and we do not cover any other provision of the Consumer Protection Act 2019, including anything on imprisonment, because we could not verify it.
ASCI or the Authority: who actually acts
In practice, ASCI is the live risk and the CCPA is the backstop. ASCI processed 1,609 influencer ads in FY2025-26 and 97.3 percent needed modification. In its second check of Forbes India's Top 100 Digital Stars 2024, ASCI upheld 76 cases and escalated two to the Department of Consumer Affairs.
We found no published CCPA or DoCA enforcement action against a named influencer in 2025 or 2026, and no published outcome for the two escalated cases. That means the statutory route is thinly tested, which makes any prediction about how fines will be applied guesswork. It is not a reason to ignore it. In August 2023 DoCA said it would actively monitor and enforce the health guidelines, and the 2022 guidelines are in force.
Due diligence in practice
Due diligence sounds abstract until you write it down. For a creator post it has three steps: the creator uses the product, the brand supplies evidence for each claim, and anything the evidence does not support is cut before the post is made. The table shows what that looks like for common claims. These are our working examples, not rulings.
| Claim in the post | Evidence the brand should supply | What the creator does |
|---|---|---|
| "Gentle on sensitive skin" | Test report or certificate for that claim | Uses the product, says what they saw, and avoids "dermatologist approved" unless a document backs it |
| "Lasts two days on a charge" | Test conditions and results | States the claim with the conditions, as "in my use" if it is their experience |
| "50 percent off today" | Offer terms, dates and exclusions | Reads the terms and shows the end date |
| "Lost 3 kg in two weeks" | Almost never available | Cuts it. Do not brief it |
| "Free gift with every order" | Terms for the free claim | Shows the conditions, and checks them against the free-claim rules in the 2022 guidelines |
| "I used this for 14 days" | The creator's own use log | Only says it if it is true |
For celebrity-tier creators, ASCI's separate Guidelines for celebrities in advertising (13 July 2023) add a formal layer. They define a celebrity as a well-known person who is paid ₹40 lakh a year for ad appearances or has 500,000 or more followers on any single handle. They expect the celebrity to do due diligence on claims, and say the celebrity or their manager must give ASCI a signed written confirmation of it. Celebrities can also seek Endorser Due Diligence from ASCI on whether an ad potentially violates the code. If your plan includes celebrity and macro creators, build this in from the start.
A brand-side checklist
- List every claim. Pull each claim out of the script or draft and number it.
- Attach evidence. One document per claim. Remove any claim with none.
- Check the product trial. The creator should have used it for a stated period, and the contract should say so.
- Check the label. Put in the exact word and position, not "disclose as per law".
- Check disclaimers. Same language and font as the claim, and not used to repair a misleading one.
- Check the audience. If it includes children, review the 2022 guidelines' rules on health claims and on personalities.
- Check the category. Health, finance and AI content carry extra rules, covered in our posts on health influencer rules and finfluencer rules.
- Keep a record. Save the approved draft, the evidence file and the label wording with the contract.
- Write the takedown right. The brand can require an edit or removal within 24 hours, and payment waits until it is done.
- Review before ads. When a post becomes an ad, run the claims check again. See our guide to influencer contracts in India.
How we apply it
Our briefs carry a claims table, and each claim has a document behind it before a creator sees the script. Creators confirm in the contract that they have used the product. Every draft is reviewed for claims, labels and disclaimers before it goes live. For beauty and skincare brands and health and wellness brands, where claims carry the most risk, the evidence file is built before creators are briefed. See how we work, or send us a brief.
This is general information, not legal advice.
Sources
- Centre issues Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, PIB, Department of Consumer Affairs (10 Jun 2022)
- Centre releases endorsement guidelines for celebs and social media influencers (Endorsement Know-hows!), PIB, Department of Consumer Affairs (20 Jan 2023)
- Centre releases additional guidelines for health and wellness celebrities, influencers and virtual influencers, PIB, Department of Consumer Affairs (10 Aug 2023)
- The ASCI Code and guidelines page: influencer guidelines and Guidelines for celebrities in advertising (13 Jul 2023), ASCI (undated page, accessed 31 Oct 2026)
- Half-Yearly Complaints Report 2025-26 (data to 30 Oct 2025), ASCI (Nov 2025)
- Annual Complaints Report 2025-26, ASCI (28 May 2026 (date per press coverage))
Frequently asked questions
What are the Consumer Affairs endorsement guidelines for influencers?
There are three: the CCPA's Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022; the Endorsement Know-hows! guide of 20 January 2023; and additional health and wellness guidelines of 10 August 2023. Together they require clear disclosure of material connections and due diligence before endorsing. Our ASCI guide shows how they fit with ASCI's code.
Are the Endorsement Know-hows legally binding?
PIB describes the Know-hows as a guide released in line with the Consumer Protection Act 2019. The binding penalties sit in the CCPA's 2022 guidelines, notified under section 18 of the Act. Treat the Know-hows as the regulator's statement of what it expects, and follow it, because a post that ignores it is exposed under the 2022 guidelines.
What is the penalty for a misleading endorsement in India?
Under the CCPA's 2022 guidelines, as PIB described them, the authority can fine manufacturers, advertisers and endorsers up to ₹10 lakh, and up to ₹50 lakh for subsequent contraventions. It can also bar an endorser for up to one year, and up to three years for repeat offences. We have not reviewed the statute's text, so ask a lawyer about other provisions.
What does due diligence mean for an influencer?
The Know-hows says endorsers should not endorse a product or service they have not personally used or experienced, or on which they have not done due diligence. In practice that means using the product, asking the brand for evidence behind each claim, and cutting claims the evidence does not support. Keep the evidence file with the contract.
Do these rules apply to virtual influencers?
Yes. The Know-hows was released for celebrities, influencers and virtual influencers, and the August 2023 health guidelines name virtual influencers too. A virtual persona cannot personally use a product, so experience claims are a problem. See our post on virtual influencers in India.
Who enforces endorsement rules, ASCI or the government?
Both, with different powers. ASCI handles complaints under a self-regulatory code and mostly asks for changes. The Central Consumer Protection Authority under the Department of Consumer Affairs can impose the statutory fines and bans. ASCI has escalated two cases from its check of top creators to the Department, with no published outcome.
Can a brand be fined for what a creator says?
Yes, in principle. The 2022 guidelines place duties on manufacturers, service providers, advertisers and advertising agencies, and the fines apply to manufacturers, advertisers and endorsers. A brand that supplies a false claim, or approves one without checking, shares the exposure. Put claims review and a takedown clause in your influencer contract.