Jyotika Singh – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Fri, 06 Jun 2025 15:32:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Jyotika Singh – Fashion Law Journal https://fashionlawjournal.com 32 32 Influencer Marketing, Fake Endorsements and Fashion: A Regulatory Blackhole https://fashionlawjournal.com/influencer-marketing-fake-endorsements-and-fashion-a-regulatory-blackhole/ https://fashionlawjournal.com/influencer-marketing-fake-endorsements-and-fashion-a-regulatory-blackhole/#respond Fri, 06 Jun 2025 15:32:05 +0000 https://fashionlawjournal.com/?p=10262 People influence people. Nothing influences people more than a recommendation from a trusted friend.” – Mark Zuckerberg.

In today’s world of increasing digitisation, it is no surprise that social media has grown beyond the mere means of connecting; it has become an extension where one can shop, find trends, and create one’s identity. Influencer marketing is a major contributor to this, where an influencer with a large online following endorses numerous products, ranging from skincare to fashion. In the fashion industry, the influencer is today’s updater on clothing trends, sometimes doing more to influence consumers than conventional celebrities or ads.

However, under the post-production filtered Instagram feeds and fashionably dressed outfits lies an issue of concern: false endorsements, undisclosed sponsored content, and false claims. Most influencers endorse products without testing them, overclaiming benefits, or omitting disclosure of paid collaborations. The situation is made even more difficult by the ease with which one can buy fake followers, likes, and comments, creating an illusion of authenticity. Not only does this mislead consumers, but it also skews competition and authenticity levels in fashion advertising.

The challenge is made even tougher by the lack of strong regulatory frameworks. Although some nations have regulations, those are mostly weaker, and laws pending for enactment where they are required, such as in India. The consequence is a regulatory gap where immoral practices thrive, especially within the fashion industry, where image is given higher regard than reality.

As influencer culture continues to grow, it is high time to ask: where is the line drawn between advertisement and manipulation? And more so, how do we protect consumers where influence is currency, while honesty is an afterthought?

What is Influencer Marketing?

Influencer advertising happens when the people we’re following on the internet—be it friendly fashion people, fitness guru types, or travel enthusiasts—covertly (and sometimes overtly) influence us on what to buy. It’s when a style blogger proudly presents us with a discounted handbag or a makeup artist excitedly speaks about some skincare product in an “everyday routine” video. Such posts aren’t random updates; they’re ads that try to pass off as personalised.

At its core, influencer advertising is about “trust.” Brands are tapping into the relationships people have built up with followers, so it does not feel as much like an advertisement as someone recommending it. That is why it is so powerful—and profitable. In fashion, this method of advertising has grown to be incredibly popular. A street fashion photo on Instagram, a YouTube fashion try-on video, or even a TikTok fashion hack gone viral: fashion is informed by influencers. Fashion trends no longer start on the runway but on social media pages for many young adults.

Yet there is one catch: the line between actual endorsements and paid advertising blurs. When money is on the line but is never stated, or endorsements are exaggerated, it crosses into the realm of manipulation.

 The Fashion Industry & Influence

Fashion has continually relied on influence. Back then, it came from the cover of glossy magazines, fashion models on the runway, and Hollywood movie stars. Your favourite Instagram influencer is posting an #OOTD (Outfit of the Day) or YouTube vlogger vlogging about what they wore this week. The influence has shifted from large fashion houses to individuals with smartphones and an avid following.

In the world of social media, the fashion icon has been replaced by the influencer. They don’t merely dress up; they sell you the lifestyle, not because you’re a fan of who they are as an individual, but because you find that they’re like you. That’s the magic. When you have someone you trust recommending an item of clothing or fashion advice, you’re more willing to give it a chance.

For companies, it is a win-win situation. Rather than spending large amounts on billboards or television advertising, they partner with people with an existing fan base. Whether it is an expensive luxury brand or a fast-fashion brand, influencers deliver visibility, credibility, and interactivity, usually with only one post.

Yet this has its dilemmas—the pressure to be trendy forces influencers to feature freshly purchased outfits, sometimes without complete disclosure. Readers may be left wondering if they enjoy wearing the product or if they have been paid to promote it.

Fashion is deeply personal. However, in the era of influencers, it is also powerful, informing the way we present ourselves, the things we prize, and even what we perceive we require.

Regulatory Framework: The Blackhole-

India’s Scenario – ASCI & CCPA

In India, influencer marketing is thriving—from beauty products to budget fashion hauls, everyone with a phone and a following is promoting something. However, the issue is that while the market is booming, the regulations are still trying to catch up.

Unlike traditional advertising with well-defined regulations, influencer marketing exists in a grey area—rapidly evolving, difficult to monitor, and often unregulated. This creates a regulatory blackhole.

  1. ASCI – Advertising Standards Council of India

The Advertising Standards Council of India (ASCI) is a self-regulatory organisation that sets ethical advertising standards in the country, though it isn’t a government body. In 2021, ASCI rolled out Guidelines for Influencer Advertising on Digital Media, which include essential rules such as:

  • Influencers must disclose paid partnerships, using hashtags like #ad, #sponsored, or #collab.
  • These disclosures should be easy to see and understand, not hidden in captions or under other hashtags.
  • Filters used in posts shouldn’t exaggerate the results of products, especially in beauty and skincare.
  • Influencers should provide honest reviews of products, rather than just echoing what brands want them to say.

While these guidelines are a step in the right direction, compliance is voluntary. ASCI can highlight violations, but it doesn’t have the authority to impose penalties on influencers.

  1.  CCPA – Central Consumer Protection Authority

On the other hand, the Central Consumer Protection Authority (CCPA), which operates under the Ministry of Consumer Affairs, can enforce penalties. In 2023, it introduced detailed Endorsement Guidelines for Celebrities and Influencers, which state that:

  • Misleading or false promotions violate consumer rights.
  • Influencers who don’t disclose paid partnerships can face fines.
  • They must have sufficient knowledge or experience with the products they endorse.
  • Promotions must be truthful and not misleading.

While the CCPA’s guidelines are legally binding, enforcement can be inconsistent. With so many influencers across various platforms, monitoring every post in real-time is a challenge. Additionally, not all consumers know their rights or how to report violations.

In summary, ASCI provides ethical guidance, while the CCPA has the legal authority to enforce rules. However, this area remains under-regulated without a centralised regulatory body and consistent enforcement, creating a significant gap.

Impact on Consumers and Fashion Ethics

In today’s influencer-driven world, shopping feels more personal than ever. You might see a reel demonstrating how to style a ₹499 dress in multiple ways, or a creator raving about a “life-changing” pair of heels. You trust these recommendations because they seem authentic. But when those suggestions turn out to be fake, paid promotions, or misleading, the consumer ultimately suffers.

Many people make purchases based on emotional connections or social proof. If an influencer with perfect skin endorses a particular brand, we might think, “Maybe it’ll work for me too.” But what if that post was edited, or they never used the product? This can lead to broken trust, wasted money, and disappointment.

Beyond individual consequences, a larger ethical issue is at play in the fashion industry. The relentless push to “buy more” fuels fast fashion, which relies on low costs, mass production, and often poor labour conditions. Whether knowingly or unknowingly, influencers contribute to this cycle by promoting endless hauls, trends, and new looks every week. This encourages overconsumption, which harms the environment and our values.

There’s also an emotional toll to consider. People often compare themselves to these perfectly curated, filtered lives and feel inadequate. The pressure to keep up with influencer lifestyles can lead to poor spending choices, low self-esteem, and unhealthy beauty standards.

Ultimately, what is marketed as inspiration can easily turn into manipulation. The lack of regulation and honesty in influencer marketing affects more than our wallets; it can also impact mental well-being, sustainability, and trust in the digital landscape. What we truly need are responsible influencers who prioritise ethics over mere engagement.

Influencer marketing never goes anywhere—it’s transforming how we shop, dream, and even find things. In an era where one post can send you to the store to buy a dress or make you an overnight brand sensation, the power of the influencer is great. But so is the responsibility to be honest, transparent, and fair. The problem comes into view only when that trust is lost. Deceptive endorsements, sponsored content not labelled as such, and outright exaggerations mislead the shopper and make the whole digital universe less real. The stakes are even higher in fashion, where identity is closely tied to who you are.

Consumers are entitled to know when they’re being marketed to. They are entitled to honesty, not hype. Influencers of today, who are the trendsetters, have to set an example and not take shortcuts for hasty associations. India has gone some way through ASCI and CCPA, but much must be done. Without better enforcement, higher awareness, and accountability on the internet, this space will remain a regulatory blackhole. Ultimately, it’s not about stopping influencer marketing; it’s about refining it—making it fairer, more real, and founded on integrity. Because influence without integrity is nothing more than manipulation masquerading as authenticity.

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