The Delhi High Court has directed social media influencer Prashant Desai to remove a video from his platforms that makes allegedly false claims about the nutritional drink Complan. Justice Saurabh Banerjee emphasized that influencers like Desai, who boasts about one million Instagram followers and over 60,000 on Facebook, should not make health-related statements without the requisite qualifications.
Desai’s video claimed that Complan and similar products contain an excess amount of sugar for children’s daily needs, leading to Zydus Wellness Products Ltd, the manufacturer of Complan, to file a lawsuit. The company argued that Desai’s claims were both false and unsubstantiated, infringing upon its trademark and disparaging its product.
The court highlighted that while Desai, a qualified chartered accountant and certified management accountant with certifications in nutrition and wellness, has a right to free speech, it must be exercised responsibly, especially when discussing professional topics outside his expertise. The justice pointed out that Desai’s role as an influencer does not grant him the authority to critique subjects like a seasoned professional without solid evidence to back his claims.
Justice Banerjee’s ruling on September 26 came after considering Zydus’ plea for interim relief, which argued that the video could cause significant damage to its longstanding reputation and the health perceptions surrounding Complan, a product approved by the Food Safety and Standards Authority of India (FSSAI).
