Stringent action if surrogate ad rules not followed: Consumer Affairs secy

Rohit Kumar Singh said that there is a pressing need to halt the proliferation of surrogate ads across industries in India

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Discussing the guidelines on surrogate advertising in India, Rohit Kumar Singh, secretary at the Department of Consumer Affairs (DoCA), said late on February 22 that "stringent actions" would be taken against those who failed to follow them.

"Surrogate advertisements that promote products in restricted categories undermine consumer rights and can have serious implications. There is a pressing need to halt the proliferation of surrogate ads across industries," Singh said.

He was speaking in Mumbai at a consultation meeting with the Advertising Standards Council of India (Asci) and several other stakeholders like the All India Gaming Federation, E-Gaming Federation and Central Board of Film Certification (CBFC).

"If respective prohibited industries fail to adhere to this guideline and comply with existing laws, more stringent actions will be implemented," he added.

In December last year, Asci had tightened its guidelines for brand extensions in restricted categories like liquor and tobacco. The new provision requires "advertising budgets of brand extensions of restricted master brands to be commensurate to extension's sales turnover".

On Thursday, the consultation meeting highlighted that there should be a clear distinction between the brand extension and the restricted product or service being advertised. The story or visual should only depict the product being advertised and not the prohibited item.

Additionally, the ad must not make any "direct or indirect" reference to prohibited products. The ad must also not contain any nuances or phrases promoting prohibited products.

The ad must not use situations typical for the promotion of prohibited products when advertising other products. Also, the ad must not use colour, layout, or presentations associated with the prohibited products.

Manisha Kapoor, chief executive officer and secretary general at Asci said, "It is important that the distinction between permitted brand extensions and surrogate advertising are clearly defined and complied with."

In the last three years, Asci has processed complaints against 49 ads for potential violation of its guidelines for qualification of valid brand extensions.

Among these, 36 ads were alcohol-related, 12 ads were from betting platforms, and one was a Pan Masala ad that potentially violated the guidelines. A whopping 98 per cent of these ads required modification to align with regulatory standards.

"We would like to support various regulators such as DoCA and relevant state excise authorities in addressing this pressing issue," Kapoor added.