The new guidelines issued by the government under the Consumer Protection Act, 2019 state an advertisement, that directly or indirectly, indicates that it is a promotion for a product or service that is prohibited or restricted by law, will be regarded as surrogate ad. Clause 6 of the CCPA notification prohibits surrogate advertising but does not offer any clarity on brand extensions. Here ASCI’s role will be important.

Ads that may use any brand name, logo, colour, layout and presentation associated with a product/service whose ads are restricted will be treated as surrogate ads.

It is expected that these guidelines are implemented strictly. Surrogate ads flourish despite the regulation. Products such as cigarettes, tobacco products, wine, alcohol are visible. The Cable and Networks (Regulation) Act, 1995 prohibits their promotion. There is a difference between genuine brand extension and one whose consumption is curbed in the country.

Brands try to circumvent the rules and promote products such as water, music labels, soda and flavoured condiments as extensions. It is also necessary to monitor the social media. In addition, sponsoeship events by these brands remain a grey area.

The idea behind the guidelines is to prevent misleading advertisements. This includes surrogate ads. Surrogate advertising sidesteps the rules.