Advertising & Marketing Updates

Over the past two months, regulatory oversight of influencer marketing has entered a more assertive phase. The Central Consumer Protection Authority has intensified examination of social media promotions where influencers failed to clearly disclose material connections with brands. The regulatory focus is not confined to high profile celebrity endorsements. Micro influencers, content creators, affiliate marketers, and digital promoters operating across platforms have all come within scrutiny.

Recent regulatory developments indicate heightened scrutiny of manipulative digital interface practices commonly categorised as dark patterns. Authorities have examined practices such as pre selected consent boxes, forced continuity subscription models, artificially induced scarcity messaging, hidden charges revealed at late checkout stages, and complicated cancellation mechanisms.

Authorities have recently intensified examination of surrogate advertising practices, particularly in sectors where direct advertising is restricted. Brand extension strategies involving soda, music events, packaged water, lifestyle merchandise, or digital properties bearing identical branding to alcohol or tobacco products have attracted renewed scrutiny.

In a strongly reasoned judgment dated June 3, 2025, the Uttarakhand High Court quashed criminal proceedings initiated against Patanjali Ayurved Ltd., its founders Baba Ramdev, Acharya Balkrishna, and others. The case, based on alleged misleading advertisements of Ayurvedic products, was dismissed due to procedural and legal infirmities.

In a significant compliance development, the Advertising Standards Council of India (ASCI) has reported 233 health-related advertisements to the Ministry of AYUSH for alleged violations of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act). These advertisements were flagged for making misleading, exaggerated, or unsubstantiated claims, particularly in the wellness, Ayurveda, and personal care segments.

The Central Consumer Protection Authority (CCPA) has issued guidelines to prevent the unauthorized listing and sale of radio equipment, especially walkie-talkies on e-commerce platforms. These guidelines aim to protect consumers, prevent national security risks, and ensure regulatory compliance.

The Central Consumer Protection Authority (CCPA) has issued an advisory directing all e-commerce platforms to take appropriate measures to ensure that they do not engage in deceptive or unfair trade practices classified as dark patterns.