Manufacturers’ and Endorsers’ Liability : ‘Shifting the Onus’ Approach

Abstract

Endorsement being seen as a platform for presentation of traits and performances of a product, it draws an analogy with ‘invitation to offer’ with the product or service voicing their presence via celebrity personalities attracting attention. Though the case of Donoghue v. Stevenson remains the original precedent on manufacturer’s negligence and absence of any contractual obligations to the consumer making him responsible towards the ultimate beneficiary, the ratio and obiter should be analysed in sharing a look-alike obligation on endorsers for injury ensuing from use of such product or service. Since the debate of Nestles’ Maggi brand, there has been a look out at the existing liability regime for the celebrity endorsers of such products. In the wake of flooding consumables in the free competitive market, falsification of critical data, misleading and non-obvious statements and superficial promising results often prejudice consumers’ choice as well as preference, thereby affecting their rights to claim for healthy, consumer friendly products and income justified and habit of consumerism. Moreover, being a ‘ideal’ ‘God like’ and ‘larger than life’ figure to common man, personalities from entertainment, sports and other popular industry invite a stricter interpretation on their ‘responsibility quotient’ because of the edge over other professional advertisements in terms of greater credibility and trust.