MIB's self-declaration mechanism cuts misleading ads in food, health sectors by 30%
Government's self-declaration mechanism has witnessed more than 1.5 lakh certificate submissions till now. Advertisers call it a good start but demand tighter monitoring, harsher penalties.
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Almost a year after the Ministry of Information and Broadcasting (MIB) enforced the mandatory Self-Declaration Certificate (SDC) for all advertisements, India’s food and health sectors are showing early signs of greater accountability. What began as a Supreme Court-mandated compliance initiative has evolved into a regulatory milestone that industry players admit is curbing blatantly misleading claims.
While advertisers tell Storyboard18 how the mechanism has helped curb misleading ads by 30%-40%, the consensus remains clear: the system is far from foolproof.
A rocky start, now a regulatory reset
Following the Supreme Court directive in its Order dated May 7, 2024, that all advertisers/ advertising agencies must submit a SDC before publishing or broadcasting any advertisement, the Ministry of I&B made it mandatory and introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on Press Council of India’s portal for Print and Digital/Internet Advertisements, effective June 18, 2024. However, following industry's apprehensions, the Ministry modified its mandate by restricting SDCs only to food and health advertisements. Not only the mechanism got restricted to these two sectors, but the mandate for 'every ad' changed to the 'annual SDCs'.
Initially met with apprehension and confusion among advertisers, the system now sees widespread compliance — with more than 1.5 lakh certificates submitted via the Broadcast Seva Portal and the Press Council of India to date. Brands such as Tata Consumer, Reckitt Benckiser, ITC, Perfetti Van Melle, and Manipal Hospital are among those adhering to the process.
According to Prabhakar Tiwari, Partner at FRN Advisory, the new mandate has already reduced misleading ads in the F&B (food and beverage) and health segments by 30%-40%, compelling brands to scrutinize their claims more carefully.
“The SDC mandate has brought much-needed accountability, but loopholes remain. Tech-driven audits and stronger enforcement will be key to making this a lasting solution,” he said.
Tick-the-box or true transformation?
While larger companies seem to have embraced the mandate, some insiders argue the mechanism is currently more procedural than preventive.
A senior media executive, requesting anonymity, stated, “It’s still a tick-box exercise for many brands. The MIB only stepped in after the Supreme Court pushed it. If not for judicial pressure, misleading ads wouldn’t even be on the Ministry’s radar.”
Still, there’s growing industry recognition of its value. Mayank Shah, VP at Parle Products, noted that the SDC framework has introduced self-discipline among marketers.
“It’s a welcome move. It sensitises advertisers to think twice before making exaggerated or irresponsible claims,” he said.
For brands like Emami Agrotech, the rule is now embedded into regular workflows.
“We upload SDCs for all major media channels, from TV to digital. It encourages accountability, especially in sectors where false claims can be dangerous,” said Debasis Bhattacharyya, President – Marketing.
Grey zones and the need for teeth
A section of industry experts argue that compliance on paper doesn’t necessarily mean integrity in practice.
“Vague claims like ‘clinically proven’, ‘immunity-boosting’, or ‘zero sugar’ are still common. Many ads continue to mislead — especially via social media, where influencer-driven marketing often escapes regulatory scrutiny,” said brand expert Harsh Pamnani.
He further warned that India’s low nutritional literacy, coupled with high consumption of ultra-processed foods, makes deceptive marketing a public health hazard.
Zervin Rana, Director at Dinshaw’s Dairy Foods, echoed industry sentiments by calling the initiative “a step in the right direction” but questioned its current efficacy. “Grey areas exist. Only severe penalties will ensure real compliance,” he said.
Activists like Foodpharmer (Revant Himatsingka) have exposed the limits of current enforcement. Several of his viral campaigns flagged misleading claims by major brands — many of which slipped through the cracks even after SDC norms kicked in.
Experts propose a multi-pronged strategy to move beyond self-certification and toward real accountability:
-Random audits and AI-based monitoring of ad content
-Stricter penalties and public naming of habitual violators
-Faster rollout of Front-of-Pack Labelling (FOPL) by FSSAI
-Platform-level responsibility for ad-tech and social media companies
-A government-backed “Ad Trust Score” to rate brands’ transparency
-Mandatory disclaimers and stricter ad rules for influencers
-Strengthening ASCI by making its rulings legally binding
“Right now, the SDC rule is like having traffic signals without traffic cops. Until we enforce rules with real consequences, misleading ads will find new ways to bypass scrutiny,” Pamnani said.
While the self-declaration certificate has undoubtedly nudged advertisers towards greater introspection, its real impact lies in what comes next — a transition from symbolic compliance to systemic accountability.
