Can a celebrity be held liable for endorsing a misleading advertisement?

Question

A celebrity endorsed a weight-loss product that turned out to be fraudulent. Can the endorser also be penalised, not just the company? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can a celebrity be held liable for endorsing a misleading advertisement? is governed in India primarily by Consumer Protection Act 2019, Section 21 and Consumer Protection Act 2019, Section 89. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 21(3) empowers the CCPA to impose a penalty of up to Rs 10 lakh on an endorser for a misleading advertisement, rising to Rs 50 lakh for subsequent contraventions.

The endorser can also be prohibited from making any endorsement of that particular product or service for a period of up to one year, extendable to three years for repeated violations.

Section 21(4) provides a due diligence defence — an endorser is not liable if they can show they exercised due diligence to verify the veracity of the claims made in the advertisement.

Section 89 separately criminalises false or misleading advertisements prejudicial to consumer interest with imprisonment up to two years and fine, escalating for repeat offences.

Guidelines issued by the CCPA require endorsers to disclose material connections and material information about products they promote, especially on social media.

What to do next: 1) Preserve the advertisement or social media post along with the endorser's name and claims made; 2) File a complaint with the CCPA specifically naming both the manufacturer and the endorser; 3) Highlight the absence of any due diligence exercised by the endorser before making the claims; 4) Pursue a separate compensation claim before the Consumer Commission if you suffered financial loss.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection Act 2019, Section 21 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.