Regulated industries and influencer marketing in India: a rules map by sector

Eight sectors change what an influencer campaign may say or show: finance, health, food, education, real estate, online gaming, alcohol and tobacco. For each there is a law, usually a second ASCI guideline and often a platform policy. A brief has to pass all three layers, and a disclosure label answers only one question, whether the post is an ad.

This map points to the instrument for each sector and to the deeper posts we have written. For the label rules that apply to every sector, see our ASCI influencer guidelines explainer. For the wider channel, see our complete guide to influencer marketing in India, and for the gate-by-gate process see our compliance checklist for brands.

The three layers

The map at a glance

Finance

ASCI's Addendum II (6 March 2025) says creators who give technical advice on investments or financial products must hold relevant credentials and state them upfront: a SEBI registration number for stocks and investments, and suitable credentials such as an IRDAI licence, CA or CS for other advice. Generic content, such as an insurer talking about annual health check-ups, is outside it. SEBI's circular of 22 October 2024 bars regulated entities and their agents from associating with people who give unregistered securities advice or claim returns without permission.

ASCI's crypto guideline adds a fixed risk disclaimer, bans words such as "currency" and "securities", bars guarantees of profit and bars showing a minor dealing with the product. Meta prohibits promotion of initial coin offerings, binary options and contract-for-difference trading in branded content, and needs written pre-authorisation for cryptocurrency partners. Our fintech and BFSI industry page covers the creators we cast.

Health and nutrition

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 defines "drug" to include any substance intended for the treatment or prevention of disease, and any article other than food meant to affect the body's structure or an organic function. Section 3 bars anyone from taking part in an advertisement suggesting a drug for the conditions it lists, including those in its Schedule. Section 7 sets, for a first conviction, imprisonment of up to six months, a fine, or both.

ASCI's Addendum II asks health creators to show a medical degree or certification relevant to the advice. The Department of Consumer Affairs' August 2023 guidance asks certified practitioners to say so and others to add a not-a-substitute-for-medical-advice disclaimer. Meta restricts promotion of cosmetic procedures and weight loss by audience and needs pre-authorisation for pharmacy and prescription drug partners. See health, wellness and fitness and cosmetics claims.

Food and beverages

Regulation 13 of the FSSAI's Advertising and Claims Regulations, 2018 penalises any person who advertises, or is a party to the publication of, a non-complying advertisement or claim, under section 53 of the Food Safety and Standards Act. That wording is wide enough, in our reading, to reach the brand, the agency and the creator. Regulation 14 sets a 30-day window to answer FSSAI's clarification request and a 90-day window for a speaking order, and regulation 15 lets FSSAI require a corrective advertisement.

ASCI's food guideline says ads should not suggest consumption brings changes in intelligence or physical ability, must back health or nutrition claims with scientific evidence and must not encourage excessive consumption. That rules out most eating-challenge formats. See food claims and FMCG, food and beverage.

Education

ASCI's education guidelines (9 March 2023) bar guarantees of rank, marks or jobs without substantiation, require a "past record is no guarantee of future prospects" disclaimer alongside them, and limit placement and ranking figures to the latest completed academic year. The CCPA's coaching guidelines of 13 November 2024 apply to any person, including an endorser, in the coaching sector, and bar using a successful candidate's name, photograph or testimonial without written consent taken after selection. See education advertising rules and edtech and education.

Real estate

Section 3 of the Real Estate (Regulation and Development) Act, 2016 says no promoter shall advertise, market, book, sell or offer for sale a plot, apartment or building in a project without registering it. Section 11(2) requires advertisements to mention prominently the regulator's website address and the registration number. Section 12 makes the promoter compensate a buyer who loses money on an incorrect or false statement in an advertisement. Section 59 allows a penalty of up to 10 percent of the estimated project cost for unregistered projects. Section 2(b) defines an advertisement to include publicity in any form informing people about a real estate project, so a creator reel for a project should carry the number and website on screen. See real estate rules.

Online gaming

The Promotion and Regulation of Online Gaming Act, 2025 defines an online money game as an online game, whether of skill, chance or both, played by paying fees or staking money in expectation of winning. E-sports, as the Act defines them, and online social games are treated separately. Section 6 bars making or causing any advertisement, in any media, that directly or indirectly promotes playing an online money game. Section 9(2) sets up to two years in prison, a fine of up to ₹50 lakh, or both, and a repeat conviction carries at least two years and a fine of at least ₹50 lakh.

Two cautions. Section 1(3) leaves commencement to a Government notification, and we did not verify that notification, though PIB's March 2026 reply describes the Act as enacted. And a "skill game" label is not a defence under the definition, so get written confirmation of a game's status from the client. Meta also needs written pre-authorisation for real money gambling partners and prohibits state lotteries in branded content. See gaming and esports.

Alcohol and tobacco

Section 5(1) of the Cigarettes and Other Tobacco Products Act, 2003 says no person shall take part in an advertisement that directly or indirectly suggests or promotes the use or consumption of cigarettes or other tobacco products. Section 22 sets, for a first conviction, imprisonment up to two years, a fine up to ₹1,000, or both. Meta prohibits tobacco and vaporisers in branded content. ASCI's celebrity guidelines say celebrities should not appear in ads for products that by law carry a health warning.

For alcohol, ASCI's brand-extension guideline calls liquor and tobacco products whose advertising is prohibited by law, and the Code bars ads featuring children for tobacco or alcohol-based products. Meta treats alcohol as restricted content, limited by audience. Rule 6 of the CCPA's 2022 guidelines bars surrogate advertising, which is judged by cues such as the restricted product's brand name, logo, colour or layout. State excise rules differ, and we have not sourced them.

Rules that cut across sectors

Four further rules apply on top of any sector, and each has its own post. Children come first: ASCI's Code defines a child as a person under 12, and rule 8 of the CCPA's 2022 guidelines covers ads that address, target or use children, so a toy, snack or education brief needs the strictest age rule you can find. See children in influencer ads. Synthetic content is second: ASCI's 2026 guideline asks for a label on synthetic influencers and replicated likeness, covered in AI-generated content rules. Skincare and beauty claims are third, and they can drift into drug territory, as cosmetics claims explains. Data is fourth: any giveaway or sign-up flow collects personal data, which influencer marketing and the DPDP Act covers.

A ten-minute triage

For where these categories sit in ASCI enforcement, the FY2025-26 report put illegal betting at 54 percent of influencer violations, personal care at 16.9, electronics and consumer durables at 7.9, food and beverages at 6.3 and fashion and lifestyle at 4.3.

What we could not source

We did not find the text of state excise advertising rules, the Government notification that commences the Online Gaming Act, or any sector-specific rule for influencers in categories such as insurance beyond ASCI's Addendum II. FSSAI's section 53 penalty amount and the ASCI guidelines' timing details are covered in the linked posts. The platform pages we read are undated. If a rule matters to your brief and we have not named it, ask counsel.

To plan a campaign in a regulated category with the claims sheet, credentials and lines built in, ask for a creator plan. Our influencer marketing strategy service covers the planning, and our due diligence checklist covers the creator checks.

This is general information, not legal advice.