In short
- ASCI's Addendum II (6 Mar 2025) says creators giving technical health or nutrition advice must hold relevant qualifications and state them upfront, with proof on request.
- Consumer Affairs (10 Aug 2023) asks certified experts to say so, and others presenting as health experts to add a not-a-substitute-for-medical-advice disclaimer. General advice is exempt.
- The Drugs and Magic Remedies Act, 1954 bars ads suggesting a drug treats or prevents conditions in its Schedule, such as diabetes, cancer and obesity. A first conviction can mean up to six months in jail.
- A qualification or a disclaimer does not cure a prohibited claim. Cut any claim that a product treats, cures or prevents a listed disease before the script is written.
A health creator in India must be qualified for any technical advice they give, say so upfront, and avoid any claim that a product treats or cures a listed disease. Three rules apply together: ASCI's Addendum II on health and financial influencers (6 March 2025), the Department of Consumer Affairs' health and wellness guidelines (10 August 2023), and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
Our page on health and wellness influencer marketing covers creator types and budgets, and our ASCI guide covers the qualification rule in summary. This post goes one level deeper: how the three rules differ, which qualification fits which advice, and exactly what a script can and cannot say. For the wider channel, see our complete guide to influencer marketing in India.
Three rules, three jobs
| ASCI Addendum II | Consumer Affairs guidelines | Drugs and Magic Remedies Act, 1954 | |
|---|---|---|---|
| Date | 6 Mar 2025, narrowed 28 Apr 2025 | 10 Aug 2023 | 1954, text as on 15 Apr 2026 |
| Nature | Self-regulatory code | Government guidelines, enforced by DoCA | Statute |
| Asks | Qualifications for technical advice, stated upfront | Certified experts say so; others show a disclaimer | No ad may suggest a drug treats listed conditions, or be false or misleading |
| Applies to | Influencers giving advice or commenting on merits | Celebrities, influencers and virtual influencers | Anyone taking part in publishing the ad |
| Consequence | Request to change or withdraw the post | Penalties under the Consumer Protection Act 2019 | Imprisonment, fine, or both, on conviction |
The first two are about who is speaking. The third is about what is said. A qualified doctor with a perfect on-screen credential can still break the third rule.
ASCI's qualification rule in detail
Addendum II covers influencers who give advice, promote, or comment on the merits or demerits of technical aspects of goods or services in health and nutrition. ASCI says this includes any claim about prevention, treatment, cure or remedy for medical conditions. The influencer must hold qualifications such as a medical degree, or be a certified nurse, nutritionist, dietician, physiotherapist or psychologist, "depending on the specific advice being given".
That last phrase matters. A qualification must fit the advice. Our reading of how it maps:
| What the creator says | Qualification that fits | Our note |
|---|---|---|
| Which supplement to take, how much, and for whom | Dietician or nutritionist; a doctor for medicine-like claims | A fitness coach is not named in ASCI's list |
| What a condition is and how products relate to it | Medical degree | Say "see a doctor" and avoid diagnosis |
| Mental wellbeing programmes or apps | Psychologist | Avoid claims about treating a disorder |
| Recovery from an injury, mobility exercises | Physiotherapist | Training plans for fitness are a separate case |
| What a product contains, taken from the label | Anyone, with the ad label | This is generic information |
The qualification and registration or certification details must go on screen superimposed and upfront, or be said as the opening remark in videos. For blogs and text posts they come before the reader reaches the post, and for podcasts they are called out at the start. ASCI says influencers must be able to provide proof if asked, so collect certificates before booking.
The April 2025 narrowing
On 28 April 2025 ASCI limited the requirement to technical information or advice. Generic content does not need credentials. ASCI's two examples are an insurer using an influencer to talk about annual health check-ups, and a health-food company tying up with a chef to promote a meal service. A chef can say how the meal service works. Telling viewers the meals reverse a condition is technical advice.
Consumer Affairs: certification and disclaimers
PIB's release of 10 August 2023 says the additional guidelines extend the 2022 misleading-advertisement guidelines and were developed after discussions with the Ministry of Health, the Ministry of Ayush, FSSAI and ASCI. They ask for two things.
- Certified experts disclose. Certified medical practitioners and health and fitness experts holding certifications from recognised institutions must disclose that they are certified when sharing information, promoting products or services, or making health-related claims.
- Others show a disclaimer. Celebrities, influencers and virtual influencers presenting themselves as health experts or practitioners must give a clear disclaimer that their endorsements are not a substitute for professional medical advice, diagnosis or treatment.
The disclosure or disclaimer is needed for topics such as health advantages including those from food items and nutraceuticals, disease prevention, treatment or cure, medical conditions, recovery methodologies and immunity boosting. It should display during the endorsement, or at any instance of making a health-related assertion.
General advice is exempt if it is not associated with a specific product or service and does not target a specific health condition or outcome. PIB's examples include drinking water, regular exercise, reducing screen time, enough sleep, turmeric milk, daily sunscreen and oiling hair. The same release asks experts to separate personal views from professional advice and to avoid specific health claims without substantiated facts. DoCA says it will monitor and enforce, with penalties under the Consumer Protection Act 2019.
What a script cannot claim: the 1954 Act
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, as on 15 April 2026 on India Code, is about the claim itself. Section 3 says no person shall take any part in publishing an advertisement referring to a drug in terms which suggest, or are calculated to lead to, its use for:
- procuring miscarriage or preventing conception in women;
- maintaining or improving the capacity of human beings for sexual pleasure;
- correcting menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition in the Act's Schedule, or any other specified by rules.
The wording turns on implication. An ad does not have to say "cures diabetes". Terms that suggest or are calculated to lead to that use are enough. Section 4 separately bars any ad about a drug that gives a false impression of its true character, makes a false claim or is otherwise false or misleading in a material particular.
The Schedule has 54 entries. Those that most often collide with creator content include:
| Schedule entry | Where it shows up in creator scripts | Safer wording |
|---|---|---|
| Diabetes | "Sugar control" or "balances glucose" supplements | State what the label says it contains. Do not link it to blood sugar outcomes |
| Obesity | Weight-loss shakes, "fat burner" claims | Describe your routine, not an outcome from the product |
| High or low blood pressure; heart diseases | "BP support" or "heart health" blends | Describe ingredients and serving. No condition claims |
| Cancer; tumours | "Immunity against" claims | Do not mention |
| Cataract, blindness, glaucoma | Eye-health supplements | Do not link to a listed condition |
| Stature of persons | Height-growth products | Do not make the claim |
| Form and structure of the female bust | Enhancement products | Do not make the claim |
| Sexual impotence | "Stamina" products | Do not make the claim |
Penalties under section 7: a first conviction can bring imprisonment of up to six months, a fine, or both, and a later conviction up to one year, a fine, or both. Under section 9, where a company commits an offence, the people in charge of its business can be treated as guilty unless they prove it happened without their knowledge or that they exercised all due diligence. Offences are cognizable.
Two cautions on reading the Act. First, "taking any part in the publication" is defined inclusively. Our reading is that a creator who posts, and a brand that commissions the post, are plausibly within it, but ask a lawyer. Second, whether a given supplement, device or Ayurvedic product is a "drug" under the Act, which includes articles other than food intended to affect the body's structure or function, is a legal question. Do not argue it in a script. Cut the claim.
ASCI's guidelines for celebrities in advertising (13 July 2023) tell celebrities not to take part in an advertisement for a product, treatment or remedy prohibited under the 1954 Act or Schedule J of the Drugs and Cosmetics Act, or for products that by law need a health warning.
Two further limits
AI visuals. ASCI's 2026 guideline on synthetic content says exaggerating results through AI visuals is prohibited even with a label. Its example is a weight-loss product showing an AI-generated before-and-after body. Our post on AI-generated content rules for influencers covers the guideline.
Children. Under the CCPA's 2022 guidelines, as PIB described them, ads aimed at children must not make health or nutritional claims without adequate scientific substantiation by a recognised body. See our page on parenting and baby influencer marketing.
Doctors as creators
A doctor's professional conduct rules may limit product endorsements. We have not reviewed them, so ask each doctor-creator to confirm in writing that the deal is permitted for them. That is separate from ASCI and DoCA. It is also a reason to cast a dietician or psychologist where that fits the advice.
A process that holds up
- Write a claims library first. Three columns: say freely, say with a qualifier from a qualified speaker, never say. Have your regulatory or legal lead sign it before any creator is briefed.
- Collect a credential file. Certificate, registration number with the relevant professional body, photo ID and any expiry date, with a dated copy of each check.
- Use two voices. An expert carries every technical statement, and an experience creator carries the story. Neither gives a diagnosis.
- Plan the on-screen layers. Qualification at the start, the not-medical-advice disclaimer while health assertions are made, and the ad label for the format. See our post on disclosure labels.
- Review every draft against the library. Look for implied claims as well as explicit ones, including captions and hashtags.
- Watch the comments. A creator who answers "what should I take for this?" under the post is making a health assertion. Brief them to reply with "please ask a doctor".
- Hold payment until fixes are done. Put the takedown right in the influencer contract.
Pre-brief checklist
| Check | Pass condition |
|---|---|
| Claim vs Schedule | No claim suggests treating or preventing a listed condition |
| Speaker | Qualification matches the advice, proof on file |
| On-screen qualification | Superimposed or in the opening remark |
| Disclaimer | Present where the creator presents as an expert |
| Visuals | No AI-made or retouched transformations |
| Audience | Children's rules checked if relevant |
| Label | Ad label right for the format |
| Record | Approved script, certificates and evidence saved |
Personal care is the largest mainstream category in ASCI's influencer violations, at 16.9 percent in FY2025-26 after illegal betting, so skincare and wellness brands should treat this as a standing process. Our guide to Consumer Affairs endorsement guidelines covers the due-diligence side, and our page on beauty and skincare covers claims there. To plan a campaign with qualified creators, see how we work or send us a brief.
This is general information, not legal advice.
Sources
- The ASCI Code and guidelines page: Addendum II for health and financial influencers (6 Mar 2025); Guidelines for celebrities in advertising (13 Jul 2023); Guidelines for Responsible Labelling of Synthetically Generated Content in Advertising (17 Sep 2026), ASCI (undated page, accessed 31 Oct 2026)
- Press release: update to the influencer guidelines, ASCI (28 Apr 2025)
- Centre releases additional guidelines for health and wellness celebrities, influencers and virtual influencers, PIB, Department of Consumer Affairs (10 Aug 2023)
- Centre issues Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, PIB, Department of Consumer Affairs (10 Jun 2022)
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (as on 15 Apr 2026), India Code (Government of India) (15 Apr 2026)
- Annual Complaints Report 2025-26, ASCI (28 May 2026 (date per press coverage))
Frequently asked questions
Can any influencer give health advice in an ad in India?
Not technical advice. ASCI's Addendum II says influencers who give advice or comment on the merits of health and nutrition products, including prevention, treatment, cure or remedy claims, must hold relevant qualifications and state them upfront. Creators without them can share generic information, such as encouraging an annual check-up. See our ASCI guide.
What qualifications does ASCI accept for health influencers?
ASCI lists a medical degree, or being a certified nurse, nutritionist, dietician, physiotherapist or psychologist, depending on the specific advice given. The list ends with 'etc.', so it is not exhaustive, but the qualification must match the advice. Superimpose it on the visuals or say it as the opening remark, and keep proof ready.
Does a fitness trainer need to disclose a certificate?
Under the Department of Consumer Affairs' health guidelines of 10 August 2023, certified medical practitioners and health and fitness experts holding recognised certifications must say so when sharing information, promoting products or making health claims. Others presenting as health experts need a clear disclaimer instead. Keep the certificate on file.
What disclaimer must health creators show?
Consumer Affairs says creators presenting as health experts or practitioners must make clear that their content should not be seen as a substitute for professional medical advice, diagnosis or treatment. It should show during the endorsement or at any point health assertions are made. General wellness advice not tied to a product or condition is exempt.
Which diseases can an ad not claim to cure in India?
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 bars ads for a drug that suggest its use for conditions in the Act's Schedule, which has 54 entries including cancer, diabetes, heart diseases, high or low blood pressure, obesity, epilepsy and cataract. It also covers miscarriage, contraception, sexual capacity and menstrual disorders.
What is the penalty for a prohibited health claim?
Under the 1954 Act, a first conviction can bring up to six months' imprisonment, a fine, or both, and a later one up to a year. Under the CCPA's 2022 guidelines, as PIB described them, fines go up to ₹10 lakh, and up to ₹50 lakh for repeats. Ask a lawyer how these apply to your product.
Do general wellness tips need a disclaimer?
Not if they are not associated with a specific product or service and do not target a specific health condition or outcome. Consumer Affairs' examples include drinking water, regular exercise, enough sleep and daily sunscreen. A tip tied to your product, or promising an outcome for a condition, loses the exemption. See health and wellness influencer marketing.