INFLUENCER MARKETING AND CONSUMER PROTECTION: IS INDIAN LAW READY FOR THE CREATOR ECONOMY?

Social Media Influencers (“SMIs”) used to be brand endorsers, but as this sector expanded, they are now sellers, publishers, and even service providers. This shift has occurred from endorsement to what is now termed as “creator economy”. It has outpaced the legal framework built to cater to advertising and disclosure. This paper discusses whether the Indian consumer protection law is ready for that shift. It examines the shift from traditional advertising to influencer marketing, the mechanisms by which SMIs shape consumer choices, and the risks that follow. It further evaluates India’s response under the Consumer Protection Act, 2019, the CCPA’s 2022 Guidelines, the Ministry of Consumer Affairs’ 2023 Endorsement Know-How, and the ASCI’s 2023 Influencer Guidelines, along with landmark judicial precedents. It argues that while India’s endorsement-disclosure regime is developed, the law remains silent on creators acting as direct sellers, on cross-border creators, and on platform accountability for creator-led commerce.