Government steps up the ante on adherence to surrogate advertising rules

1 Sep 2022 , 07:38 AM

Government issued a directive on Wednesday to industry groups CII, FICCI, and Assocham as well as companies involved in advertising and broadcasting to ensure compliance with the current rules due to concerns concerning surrogate commercials on television and social media platforms. Otherwise, it warned, the CCPA, the government’s consumer protection authority, will take severe measures against the offenders.

Surrogate advertising or indirect advertising of products or services whose advertising is otherwise illegal or restricted by law is prohibited by the guidelines for the prevention of misleading advertisement.

“It has been discovered that these criteria are not being strictly complied with by the affected entities,” the consumer affairs ministry stated. “The illegal commodities are nevertheless being advertised through surrogate goods and services.”

Many of these surrogate commercials were seen during recent sporting events that were broadcast around the world, the report added.

Additionally, it has been noted that various alcoholic spirits and beverages are sold as bottled drinking water, music CDs, and club soda, while chewing tobacco and gutkha are covered in fennel and cardamom.

Furthermore, a lot of these companies use prominent celebrities, which highlights the damaging effects on impressionable youth in particular. The ministry also noted several instances of alcoholic beverage direct advertising on social media platforms.

In particular, regarding the regulations relating to surrogate advertisements, these groups, and industry organizations have been requested to guarantee strict adherence to the principles for the prevention and endorsement of misleading advertisements.

The ministry also warned the associations of marketers that if the relevant parties did not strictly abide by the rules, the Central Consumer Protection Authority (CCPA) would take over and take appropriate, serious action against the offenders.

Relevantly, regardless of the form, format, or medium of the advertisement, the rules apply to any manufacturer, service provider, or trader whose goods, products, or services are the subject of an advertisement, as well as any advertising agency or endorser whose service is used to advertise such goods, products, or services.

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