SURROGATE ADVERTISING

What is surrogate advertising?

A surrogate advertisement can be defined as an advertisement that duplicates the brand image
of one product to promote another product of the same brand, advertising which is prohibited
(alcohol and tobacco). The surrogate or substitute could either resemble the original product or
could be a different product altogether but it is marketed under the established brand name of
the original product.

This is done by introducing, for example, other non-alcoholic or harmless products under the
same brand name.

LEGAL FRAMEWORK IN INDIA

Regulator/ Agency Regulation/ Guidelines

Press Council of India Norms of Journalistic Conduct 2019: Part A(2)(ii)-

No advertisement shall be published, which promotes directly or indirectly

production, sale or consumption of cigarettes, tobacco products, wine,
alcohol, liquor and other intoxicants.

Advertising Standards Council Section 6 of the ASCI:

of India
Advertisements for products whose advertising is prohibited or restricted by
law or by this code must not circumvent such restrictions by purporting to be
advertisements for other products the advertising of which is not prohibited
or restricted by law or by this code.

In judging whether or not any particular advertisement is an indirect

advertisement for product whose advertising is restricted or prohibited, due
attention shall be given to the following:

 Visual content of the advertisement must depict only the product

being advertised and not the prohibited or restricted product in any
form or manner.
 The advertisement must not make any direct or indirect reference to
the prohibited or restricted products.
 The advertisement must not create any nuances or phrases promoting
prohibited products.

The Cable Television Networks Advertising Code: Rule 7(2)(viii)(A)

Rules, 1994
No advertisement shall be permitted which-
 Cigarettes, tobacco products wine, alcohol, liquor or other intoxicants.

Provided that a product that uses a brand name or logo, which is also used
for cigarettes, tobacco products, wine, alcohol, liquor, or other intoxicants,
may be advertised on cable services subject to the following conditions that-

I. the story board or visual of the advertisement must depict only the
product being advertised and not the prohibited products in any form
or manner;
II. the advertisement must not make any direct or indirect reference to
prohibited products;
III. the advertisement must not contain any nuances or phrases
promoting prohibited products;
IV. the advertisement must not use particular colors and layout or
presentations associated with prohibited products;
V. the advertisement must not use situations typical for promotion of
prohibited products when advertising the other products

Digital News Publisher’s Replicates the PCI’s guidelines. States that the content must not be illegal or
Guidelines against extant laws and regulations.

Draft Central Consumer Rule 8: Surrogate advertising.—

Protection Authority (1) Advertisements for goods or services whose advertising is otherwise
(Prevention of Misleading prohibited or restricted by law shall not circumvent such restrictions by
Advertisements and Necessary purporting to be advertisements for other goods or services, the advertising
Due Diligence for Endorsement of which is not prohibited or restricted by law.
of Advertisements) Guidelines,
2020 (2) In judging whether or not a particular advertisement is an indirect
advertisement for a product whose advertising is restricted or prohibited, due
attention shall be paid to the following:
(a) whether the unrestricted good or service which is purportedly sought to
be promoted through the advertisement, is produced and distributed in
reasonable quantities, having regard to the scale of the advertising in
question, the media used, and the markets targeted;
(b) whether there exists in the advertisement in question, any direct or
indirect indications, which could suggest to consumers that it is a direct or
indirect advertisement for the good or service whose advertising is restricted
or prohibited by law; and
(c) the mere use of a brand name or company name that may also be applied
to a good or service whose advertising is restricted or prohibited is not a
reason to find the advertisement in question objectionable, provided that the
advertisement is not otherwise objectionable as per the provisions set out in
these guidelines.

GUIDELINES FOR PUBLISHING ADVERTISEMENTS

Advertisements which appear to be surrogate need to fulfill certain criteria to be compliant with
the applicable regulations. The following are key points to consider.

Dos and don’ts-

i. The story board or visual of the advertisement must depict only the product being
advertised and not the prohibited products in any form or manner;
ii. Must not make any direct or indirect reference to prohibited products;
iii. Must not contain any nuances or phrases promoting prohibited products;
iv. Must not use particular colors and layout or presentations associated with prohibited
products;
v. Must not use situations typical for promotion of prohibited products when advertising
the other products;

Due attention to the following-

i. Whether the unrestricted good or service which is purportedly sought to be promoted

through the advertisement, is produced and distributed in reasonable quantities, having
regard to the scale of the advertising in question, the media used, and the markets
targeted;
ii. Whether there exists in the advertisement in question, any direct or indirect indications,
which could suggest to consumers that it is a direct or indirect advertisement for the
good or service whose advertising is restricted or prohibited by law; and
iii. The mere use of a brand name or company name that may also be applied to a good or
service whose advertising is restricted or prohibited is not a reason to find the
advertisement in question objectionable, provided that the advertisement is not
otherwise objectionable as per applicable guidelines.