Central Consumer Protection Authority ("CCPA"), vide circular dated March 6, 2024, issued an advisory on prohibition of advertising, promotion, and endorsement of unlawful activities prohibited under various laws in accordance with the Consumer Protection Act, 2019 ("2019 Act"). The advisory highlights that the guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 ("2022 Guidelines"), categorically prohibit advertisements of products or services prohibited under any prevailing law. It reiterates that the 2022 Guidelines apply to all advertisements, irrespective of the medium used and warns celebrities and influencers that any engagement in the promotion or advertisement of online gambling and betting, given its unlawful status, renders one equally liable for participating in an illegal activity. Through this advisory, CCPA cautions that any advertisement or endorsement of activities which are otherwise prohibited by law, such as betting or gambling, will be subject to rigorous scrutiny. If any violation of the 2022 Guidelines is found, stringent measures, as per the 2019 Act, will be initiated against involved, including manufacturers, advertisers, publishers, intermediaries, social media platforms, endorsers, and any other relevant stakeholders.
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