By Vikrant Rana, Apalka Bareja and Ritvik Kashyap
Introduction
In today’s digital era, where health awareness is at an all-time high and content consumption is rapidly shifting toward conversational formats, podcasts have emerged as a powerful medium of influence in India. With India ranked as the third-largest podcast market globally, and over 57.6 million monthly listeners in 2024, expected to nearly double to 119.8 million by 2025[1], podcasts are no longer niche. They are a mainstream channel for information, inspiration, and influence. Notably, health and wellness content has surged in popularity, mirroring the growing appetite among Indian audiences for credible, accessible guidance on well-being.
Amidst this rise, the line between personal opinion and public responsibility has become thinner than ever. In a landmark decision that underscores the growing legal oversight of online content, the Hon’ble Delhi High Court recently ordered action in a case[2] involving YouTuber and podcaster Raj Shamani and dermatologist Dr. Manjot Marwah, who made sweeping and misleading claims about Dettol, a household name in health and hygiene, manufactured by Reckitt Benckiser. The statements, questioning the safety and efficacy of Dettol, rapidly went viral across podcast platforms and social media, amplifying consumer concerns. Reckitt Benckiser responded swiftly, initiating legal proceedings and arguing that the claims were not only factually incorrect but also detrimental to the brand’s long-standing reputation.
The Controversy: Deceptive Claims Go Viral
The controversy ignited when a podcast episode hosted by YouTuber and podcaster Raj Shamani featured dermatologist Dr. Manjot Marwah. During their discussion, Dr. Marwah made statements about Dettol that were later characterized by Reckitt Benckiser India as false and misleading. The episode quickly gained traction across social media platforms, amplifying the unverified claims to a wider audience.
Reckitt, the manufacturer of Dettol, responded by filing a defamation suit, asserting that the statements were not only factually incorrect but also damaging to the brand’s longstanding reputation. The company emphasized that Dettol has been a licensed antiseptic product in India since 1936, approved for use on skin, and classified as a drug under the Drugs and Cosmetics Act. Reckitt argued that such statements could mislead consumers and cause unnecessary panic regarding a product trusted for decades.
Court’s Directive and Content Removal
In response to the legal action, the Hon’ble Delhi High Court directed both Raj Shamani and Dr. Manjot Marwah to remove the objectionable content. Shamani agreed to edit the podcast episode to eliminate the controversial remarks, while Dr. Marwah removed the related social media posts from her account. The Hon’ble Delhi High Court also instructed them to refrain from making similar statements about Dettol until further proceedings. This resolution was part of an amicable settlement between the parties, with the Hon’ble Court taking the settlement terms on record and directing compliance within 24 hours. The similar stance was taken by Hon’ble Calcutta High Court in the case involving a famous YouTuber Dhruv Rathee, wherein the YouTuber specifically targeted a well-known FMCG Company which sold the packaged fruit juices under the brand “REAL”, for more information kindly refer to Critique or Advertisement Disparagement? Rathee Crossed The Lakshmanrekha.
The Ripple Effect: Impact on the Influencer Industry
The case has profound implications for the influencer marketing industry. With influencers being one of the key opinion leaders in today’s digital world, this ruling highlights the importance of verifying claims before posting, especially when it comes to health-related products. It serves as a reminder to influencers to exercise caution in their public statements, as legal consequences may follow if they spread false information. For more information on Influencer Guidelines, kindly refer to Endorsers now accountable for Misleading Advertisements: Wake up call for influencers.
This ruling is expected to prompt several changes in the industry:
- Increased Accountability: Influencers will need to ensure that their content is fact-checked, especially when making claims about products.
- Stricter Brand-Influencer Contracts: Brands are likely to introduce more stringent legal terms to protect their reputation, with clauses to address any defamatory or misleading content.
- Legal Risks: This case sets a precedent for potential legal actions against influencers for spreading unverified or harmful content.
The Court’s Balanced Approach
The Hon’ble Delhi High Court’s judgement reflects a balanced approach, ensuring that freedom of expression is upheld while also recognizing the need to protect brands from reputational damage. The Hon’ble Delhi High Court did not prohibit the influencers from discussing products but emphasized that any claims made should be substantiated, especially when they can affect public perception and consumer safety.
Conclusion
The Hon’ble Delhi High Court’s ruling marks a watershed moment for influencer marketing in India, setting a significant precedent for the digital age. In holding influencers accountable for the content, they promote, the Hon’ble Court has sent a clear message: influencers are not immune to legal scrutiny, particularly when their statements could harm both consumer trust and a brand’s reputation. With the rapid growth of the digital space and the increasing role of social media influencers, this landmark decision highlights the urgent need for truthfulness, responsibility, and transparency in online communications.
For brands, the ruling underscores the importance of safeguarding their image in an era where misinformation can spread rapidly, sometimes irreparably damaging a brand’s reputation. Companies now face greater responsibility to monitor and act upon potentially harmful content, ensuring they protect their interests while maintaining consumer trust.
For influencers, the message is equally compelling: as their reach and influence expand, so does their responsibility to ensure the accuracy and integrity of their statements. This case serves as a critical reminder that while digital platforms offer boundless opportunities, they also come with legal obligations that cannot be ignored. The Hon’ble Court’s intervention strengthens the case for more robust regulatory frameworks in the influencer marketing industry, pushing for a balance between creative expression and consumer protection.
As India continues to embrace the digital transformation, this ruling paves the way for a more accountable and ethically driven influencer landscape, where brands and influencers alike are mindful of their role in shaping a truthful, transparent online environment.
[2]Reckitt Benckiser India Private Limited v. Dr. Manjot Marwah & Ors., 2025 LiveLaw (Del) 426