Delhi High Court rules influencers can criticise brands if backed by facts

New Delhi: The Delhi High Court has affirmed that social media influencers can criticise consumer brands on digital platforms, provided their statements are supported by scientific evidence. 

The decision, delivered on April 28, 2025, came in a case involving San Nutrition and influencer Arpit Mangal.

As per a news report by the Bar & Bench, Justice Amit Bansal rejected San Nutrition’s plea for an interim injunction to restrain four influencers, including Mangal, from publishing negative reviews of its whey protein products. 

The court emphasised that reasonable criticism, even if expressed through hyperbole or parody, is protected under the right to free speech guaranteed by Article 19(1)(a) of the Indian Constitution. 

“It would be unreasonable to place restrictions on the freedom of speech and expression before the full trial takes place,” Justice Bansal stated, noting that granting an injunction would curb influencers’ rights and deprive the public of critical health-related information.

The dispute arose when Mangal and three other influencers posted reviews alleging that San Nutrition’s whey protein products contained lower protein content than advertised. These claims were backed by test results from three NABL-accredited laboratories, including Eurofins and Micro Tech Laboratory, which found discrepancies in the product’s nutritional profile. 

San Nutrition, unable to provide counter-evidence, argued that the reviews constituted defamation, disparagement, and trademark infringement. The court dismissed these claims, ruling that using a brand’s name or product for review purposes does not violate Section 29 of the Trade Marks Act, 1999, as it is not “in the course of trade.”

Justice Bansal highlighted the dual role of influencers as both promoters and consumer watchdogs. “The essence of [the influencers’] videos is only to educate the consumers,” the court noted, adding that the comments formed “an honest opinion based on the sufficient factual basis.” 

Unlike recent cases involving Dettol and Complan, where influencers were directed to remove unverified claims, the Delhi High Court’s latest ruling protects evidence-based critiques. 

Legal experts see this as a step toward clearer guidelines for influencer marketing, with the Advertising Standards Council of India (ASCI) likely to take note as it refines its regulatory framework.

San Nutrition’s lawsuit will proceed to a full trial, but the court’s refusal to grant an interim injunction allows the influencers to continue their reviews pending the final outcome.