Despite the Indian government's stringent ban on surrogate advertising, a recent survey conducted by LocalCircles reveals that surrogate advertisements for liquor and tobacco brands continue to thrive across various media. An overwhelming 79% of consumers surveyed stated that they are still witnessing surrogate ads for these prohibited products, raising serious questions about the effectiveness of the existing regulations.
"Surrogate, meaning 'substitute', is a surreptitious way to promote and advertise products of brands — when the original product cannot be advertised legally or due to external regulations. Naturally, a brand advertising an unrelated product also indirectly promotes the banned product as the brand recall translates into the consumer instantly thinking of the packaging. For instance, banned products like chewing tobacco are not projected directly on TV or newspapers but rather morphed with another product under the same brand name. Gutkha companies, for instance, sell both gutkha and cardamom. But the advertisement on television is one about the latter," LocalCircles says.
The LocalCircles survey, which gathered responses from over 38,000 citizens across 314 districts, highlights growing consumer dissatisfaction with how surrogate advertising has been handled post-ban. Notably, 68% of respondents reported that celebrities continue to appear in such ads, further exacerbating the public's frustration with misleading endorsements.
The Union government banned surrogate and indirect advertisements for alcohol and tobacco brands in mid-2023, following the central consumer protection authority (CCPA) guidelines. However, the survey results indicate that brands continue to find loopholes, leveraging brand extensions and celebrity endorsements to keep their products visible to the masses.
A significant 44% of respondents confirmed that several celebrities still feature in surrogate ads, while 24% noted the appearance of a few celebrities in such promotions. Despite repeated advisories and public criticism, familiar faces continue to promote brands linked to banned products, much to the dismay of concerned parents and health advocates.
Celebrities, especially actors and sportspersons, bear a moral responsibility when endorsing products that are indirectly associated with harmful substances. The Advertising Standards Council of India (ASCI) has been actively discouraging public figures from featuring in advertisements that would legally necessitate a health warning. Nevertheless, incidents like actor Akshay Kumar's controversial appearance in a Vimal Elaichi ad alongside Ajay Devgn and Shah Rukh Khan continue to fuel debates around accountability and ethics, LocalCircles says.
The survey's findings also shed light on consumer expectations from the government to tighten the rules around surrogate advertising. A striking 67% of consumers demanded that brands must submit an undertaking before airing advertisements, declaring that they do not have direct or indirect affiliations with alcohol or tobacco products.
Additionally, the Union ministry of health and family welfare (MoHFW) last week issued a directive urging organisers of the Indian Premier League (IPL) to regulate advertisements that might indirectly promote liquor or tobacco during the cricket season starting from 22 March 2025. This move came after parents raised concerns about children being exposed to misleading messages through high-profile sports events.
LocalCircles pointed out that the primary challenge in combating surrogate ads lies in brand extension tactics, where companies promote products like cardamom or bottled water under the same brand name as their banned products. "This technique subtly reinforces brand recall without directly advertising the prohibited substance. Although ASCI has introduced provisions to curb this practice by requiring the advertising budget of brand extensions to reflect their actual sales turnover, experts believe this measure is insufficient to tackle the root cause."
According to LocalCircles, the Indian government must now evaluate the loopholes in existing policies and take comprehensive steps to ensure compliance. This includes imposing severe penalties on brands and celebrities that violate regulations and developing a robust monitoring mechanism to detect and deter surrogate advertising.
"In addition, public awareness campaigns about the harms of surrogate advertisements could help shift consumer attitudes and reduce the demand for such promotions. Holding celebrities accountable for their endorsements would also serve as a deterrent against unethical advertising practices," it added.
As the debate over surrogate advertising continues, it becomes evident that the current measures have not been effective in eliminating the issue. The government's commitment to public health and consumer rights must be reinforced through stricter regulations and vigilant enforcement. Only then can the menace of surrogate advertising be effectively curtailed, ensuring that brands and celebrities are held accountable for their actions, LocalCircles concluded.
