Regulating Influencer Marketing And Misleading Advertisements In India: Legal Challenges And Consumer Remedies
- IJLLR Journal
- Aug 21, 2025
- 1 min read
Dr. Pratima Singh Parihar*
ABSTRACT
Influencer marketing has become a dominant advertising strategy in India, with social media personalities shaping consumer preferences across diverse sectors such as fashion, food, finance, and wellness. However, the rapid growth of this industry has also raised concerns about misleading advertisements, inadequate disclosures, and consumer harm, particularly to vulnerable audiences. India’s legal framework—comprising the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Central Consumer Protection Authority’s Guidelines of 2022— provides mechanisms to regulate such practices. In addition, self-regulatory bodies like the Advertising Standards Council of India (ASCI) have issued guidelines for influencer advertising in digital media. Yet, enforcement faces significant challenges, including definitional ambiguities, overlapping jurisdiction, cross-border promotions, and the preservation of evidence in ephemeral online content. This paper critically examines the statutory and self-regulatory measures governing influencer marketing in India, analyses enforcement trends and key case studies, compares India’s approach with international best practices, and explores available consumer remedies. It concludes with policy recommendations for building a clear, enforceable, and consumer-centric regulatory framework that balances market innovation with consumer protection.
Keywords: Consumer Protection, Influencer Marketing, Misleading Advertisements, Digital Advertising, Consumer Rights, Legal Remedies.
