Kochi: The Kerala High Court has clarified the extent of liability of celebrities endorsing products and services in consumer disputes, ruling that endorsers cannot be held automatically responsible for deficiencies unless there is clear evidence of misrepresentation, false claims, or active participation in unfair trade practices.
The court observed that celebrities primarily act as brand ambassadors and are not expected to independently verify every technical or manufacturing aspect of a product. However, it made it clear that endorsers cannot escape responsibility if they knowingly promote misleading advertisements or make claims that are patently false and capable of deceiving consumers.
The High Court noted that liability may arise if an endorser gives personal assurances about a product’s quality, safety, or performance without reasonable basis, or if the endorsement goes beyond scripted promotion and amounts to direct inducement of consumers.
Referring to the Consumer Protection Act, the court underlined that the law seeks to balance consumer rights with fairness to advertisers and endorsers. While manufacturers and service providers bear primary responsibility for product defects and deficiencies, celebrities may be proceeded against if their endorsement is found to have played a decisive role in misleading consumers.
The ruling is expected to have significant implications for advertising practices, prompting celebrities to exercise greater caution, seek proper disclosures, and ensure due diligence before associating their name and image with commercial products or services.
