Navigating the Thin Line, stakeholders unite to address challenges in Surrogate Advertising

The Department of Consumer Affairs (DoCA), along with the Advertising Standards Council of India, organized a Stakeholder Consultation in Mumbai today on the theme of “Brand Extension vs. Surrogate Advertisements – Where’s the Line?”

The aim of this meeting was to collectively address the complex issues surrounding surrogate advertising, brand extensions, and trademark restrictions. The overarching goal is to safeguard public health and consumer rights. Key stakeholders, including government bodies like the Central Board of Film Certification (CBFC), Ministry of Information and Broadcasting (MIB), and Trademark Authority, shared their perspectives on regulating such surrogate advertisements.

Secretary DoCA, Shri Rohit Kumar Singh, emphasized that surrogate advertisements promoting products in restricted categories undermine consumer rights and can have serious consequences. There is a need to restrict the proliferation of such ads across industries. Strict actions will be implemented if prohibited industries fail to comply with guidelines and existing laws. The Department of Consumer Affairs affirmed its stance, stating that any continued involvement in surrogate advertising will not be condoned. Stringent measures will be taken to address instances of non-compliance, with a commitment to decisive actions against violators.

The consultation highlighted key discussion points, emphasizing the need for a clear distinction between brand extension and the restricted product or service being advertised. The story or visual of the advertisement should focus solely on the product being advertised, avoiding any direct or indirect reference to prohibited products. The ad should refrain from using color, layout, or presentations associated with prohibited products, and must not use situations typical for promoting prohibited products when advertising other products.

Additionally, the consultation discussed the Guidelines for Prevention of Misleading Advertisements and introduced a precise definition of surrogate advertisement in 2022. Industry stakeholders, regulatory bodies, and experts deliberated on effective strategies to deal with surrogate advertising, focusing on enhancing transparency, strengthening enforcement mechanisms, and promoting responsible advertising practices.