Healthwashing refers to marketing strategies that make products appear healthier by highlighting certain ingredients or qualities, while downplaying or omitting other less desirable aspects. This misleading practice can have significant implications, especially when consumers rely on these claims for decisions that impact their health. Terms like “all-natural,” “fat-free,” and “immunity-boosting” are used to create an image of healthfulness that is often unsupported by credible evidence.

In recent years, the phenomenon of “healthwashing” has gained attention due to misleading health claims by brands aiming to present their products as healthier than they truly are. This strategy can easily mislead consumers into believing in unsubstantiated health benefits. As public awareness grows, the Indian government and regulatory bodies, such as the Advertising Standards Council of India (ASCI), the Consumer Protection Authority, and the Food Safety and Standards Authority of India (FSSAI), have responded with guidelines and actions to protect consumers.

Recently, the Bournvita case brought significant attention to this issue. Cadbury faced criticism for marketing its chocolate health drink as a product that boosts immunity and supports growth, despite its high sugar content. The product was eventually required to adjust its claims and labelling to align with regulatory standards.

ASCI Guidelines on Health Claims in Advertising

The Advertising Standards Council of India (ASCI) mandates that health-related claims in advertisements must be truthful and substantiated with credible evidence. Specifically, the ASCI guidelines emphasize:

  • Truthfulness and Evidence: All health claims must be backed by reliable scientific data. Exaggerated or unsubstantiated statements, especially those related to critical health concerns like disease prevention or immunity enhancement, are strictly prohibited.
  • Disclosure of Research: If a health claim is based on research, advertisers must disclose the source and date of the research to ensure transparency.
  • Preventing Misleading Claims: Advertisers should avoid ambiguous language or suggestive visuals that could imply unfounded health benefits.

These guidelines aim to safeguard consumers by ensuring that they are not influenced by unsupported claims.

Consumer Protection Authority’s Role in Addressing Healthwashing

Under the Consumer Protection Act, 2019, the Consumer Protection Authority has the power to take action against false or misleading advertisements. Influencers and celebrities endorsing health products are required to provide disclaimers if they lack health-related qualifications, preventing unwarranted consumer reliance on endorsements.

The Department of Consumer Affairs has issued additional guidelines addressing deceptive advertising. For example, celebrities endorsing products with health claims must clarify their endorsements to avoid misleading consumers. This approach helps hold advertisers and endorsers accountable for the content they promote.

Misleading claims by Social Media Influencers

Social media has impacted consumers and businesses in a number of ways, whether for good or bad will be a constant debate. In a recent case of Zydus Wellness Products Limited v. Prashant Desai [CS (COMM) 687/2024], the Court analysed the influence wielded by social media influencers and emphasized the responsibilities that come with this influence. Observing that the defendant lacked qualifications in nutrition, the Court found his claims baseless and unsupported by evidence. The Court held that while free speech is protected, it does not extend to slanderous or misleading statements. The Court’s ruling favoured the plaintiff, issuing a restraining order against the defendant and requiring the video’s removal.

The case underscores the critical responsibility of social media influencers to avoid misleading statements, especially outside their area of expertise. As public figures, influencers must exercise caution, ensure content accuracy, and rely on credible sources before sharing health-related views. This decision emphasizes that influencers hold an influential role that requires accountability, especially when their words could impact public health perceptions.

FSSAI Guidelines on Health Claims in Food Products

The Food Safety and Standards Authority of India (FSSAI) has implemented stringent regulations for health claims made by food products. The FSSAI guidelines stipulate:

  • Scientific Backing for Claims: Terms like “immunity-boosting” or “nutrient-dense” must be substantiated by scientific research.
  • Clear Labelling and Transparency: Misleading packaging or advertising, which could confuse consumers about the true benefits of a product, is prohibited.

FSSAI’s guidelines extend to preventing healthwashing in food packaging and advertisements, ensuring that consumers can make informed choices based on accurate product information.

The Bournvita case is an example of regulatory action against healthwashing in India. The product was advertised as beneficial for children’s growth and immunity, although it contains a significant amount of sugar. Following complaints, regulatory authorities scrutinized these health claims, leading to changes in the product’s labelling and advertising.

This case highlighted the need for brands to balance marketing with responsible health claims, setting a precedent for stricter adherence to ASCI and FSSAI guidelines.

The Need for Consumer Education to Combat Healthwashing in Snacks

A major concern within the snack food industry is the prevalent use of health-centric buzzwords, which often mask a product’s lack of real nutritional value. Brands frequently employ terms like “natural,” “high-protein,” or “low-fat” to position snacks as healthier choices, even when these products may contain high sugar, salt, or unhealthy fats. This marketing strategy can mislead consumers into believing they are making healthier selections, contributing to a broader issue of healthwashing.

Industry experts and consumer advocates have called for tighter regulatory standards to ensure transparent labelling that accurately reflects a product’s nutritional content. They also emphasize the importance of consumer education, suggesting that educational campaigns could empower consumers to critically evaluate health claims. Such initiatives would help people distinguish between truly nutritious products and those merely marketed as healthy, ultimately fostering informed and health-conscious choices.

By focusing on stricter regulations and consumer education, regulatory bodies and stakeholders can work together to mitigate healthwashing, especially in snack foods, and enhance public trust in health-related advertising.

FOOD SAFETY AND STANDARDS (LABELLING AND DISPLAY) REGULATIONS, 2020

The Regulations with amendments came into force in September 2022.

The regulations -

(a) provide clarity on the labelling requirements for pre-packaged foods and the display of essential information on premises where food is manufactured, processed, served, and stored.

(b) to ensure that consumers have access to clear, accurate, and comprehensive information about the food products they purchase, thereby promoting food safety and informed consumer choices.

The regulation requiring manufacturers to highlight the saturated fat, salt; and sugar levels prominently on packaging aims to ensure transparency, empowering buyers to make informed choices. Despite mixed reactions from health experts and brands, the initiative represents a step forward fostering a health-conscious society.

Conclusion

Healthwashing poses a growing risk in India’s marketplace, where consumers are drawn to products with misleading health claims. Regulatory bodies such as ASCI, FSSAI, and the Consumer Protection Authority have established robust frameworks to address this issue, safeguarding consumer rights and promoting transparent advertising. The Bournvita case serves as a cautionary example, emphasizing the importance of responsible advertising and compliance with health-related regulations.

As awareness increases, businesses will need to navigate these regulatory landscapes carefully, ensuring that health claims are not only attractive but also factually correct With India’s regulatory bodies intensifying their efforts to combat healthwashing, companies must prioritize compliance and consumer trust to preserve their brand integrity and to build a healthier bond with consumers.