For a long time, India has seen the biggest of celebrities promoting tobacco and alcohol brands. Though promoting tobacco and alcohol via ads is illegal in India, brands have found a way out. They indirectly promote the brand by showcasing various legal products. But not anymore! The Central Consumer Protection Authority in India is steadfastly ensuring this surrogate advertising stops.
As one measure to ensure this, CCPA is drafting new guidelines. According to these guidelines, celebrities and social media influencers who partake in such promotional activities will now face fines and penalties of up to INR 50 lakh.
What exactly is surrogate advertising?
Have you noticed how some alcohol and tobacco brands promote items like CDs, water bottles, or pan masala? These products often carry the branding of the liquor and tobacco companies, making them a subtle way to advertise restricted products by showcasing legal ones instead. This is surrogate advertising. This practice has been very common in India for years. By following this loophole in the law, the brands have been able to maintain visibility and carry out promotions without much fear. All this, while there is a strict ban on advertising tobacco and liquor.
What are the recent measures by CCPA?
As these surrogate ads have been bypassing the laws for years, unabashedly promoting their brands, CCPA has finally laid down policies to curb the same.
To begin with, the ones who’ve been following the practice of surrogate advertising for a long time are now on CCPA’s radar. The authority has issued notices to several big players in the industry.
Additionally, under the proposed guidelines, any influencer or celebrity found engaging in surrogate advertising will face a fine of INR 10 lakh for the first violation and INR 50 lakh for each additional violation.
“The guidelines are part of our broader strategy to ensure consumer rights are safeguarded and to curb misleading advertisements. The social media space has expanded the reach of such ads, making it crucial to regulate how these products are being marketed through popular figures.” Says a CCPA official
