In the realm of advertising, creating a connection with consumers is paramount. However, certain categories of products face restrictions on how they can be promoted. This is where the controversial practice of surrogate advertising emerges, posing a unique challenge for regulators, consumers, and legitimate businesses alike.

What is Surrogate Advertising?

Surrogate advertising, also known as indirect advertising, utilizes alternative products or services to indirectly promote a banned or restricted product. Brands associated with restricted products, like alcohol, often achieve indirect advertising by promoting a different, permissible product, like a music CD, using similar branding elements. This creates an association in the consumer’s mind.

Why is it a Concern?

Surrogate advertising raises a number of concerns, including:

• Deception: Consumers may be misled into believing the advertised product is associated with the restricted product, potentially influencing purchasing decisions.
• Public health: The promotion of restricted products, particularly those like tobacco and alcohol, can have negative health consequences.
• Unfair advantage: Surrogate advertising can give an unfair advantage to restricted product companies by allowing them to circumvent advertising regulations.
• Impact on legitimate businesses: In India, for example, the legal online gaming industry faces unfair competition from illegal offshore platforms employing rampant surrogate advertising practices.

The Fight Against Surrogate Advertising:

Regulators and industry bodies are actively taking measures to combat surrogate ad. The Advertising Standards Council of India (ASCI) plays a crucial role in processing complaints and taking action against advertisements deemed to be in violation of regulations. Additionally, the Department of Consumer Affairs (DoCA) works collaboratively with ASCI and other stakeholders to develop and implement stricter regulations.

Key Actions Taken:

• Refined guidelines: ASCI has continuously updated its guidelines to clearly define surrogate advertising and establish stricter criteria for acceptable brand extensions.
• Enhanced transparency: Measures like ensuring advertising expenditure for brand extensions aligns with their actual sales turnover aim to promote transparency in advertising practices.
• Collaboration: DoCA and ASCI actively engage with stakeholders, including industry bodies, government agencies, and online platforms, to discuss challenges and develop effective strategies.

Different Perspectives:

It is important to acknowledge that the issue of surrogate ad is multifaceted and involves various perspectives:

• Regulators: Their primary concern is protecting consumers and ensuring fair competition within the advertising landscape.
• Businesses: While legitimate businesses operating within the regulations may support stricter enforcement against surrogate ad, those utilizing such tactics may resist stricter regulations.
• Consumers: While some consumers may be aware of and unaffected by surrogate advertising, others might be misled, highlighting the need for consumer education.

The Way Forward:

The fight against surrogate ads requires a multi-pronged approach. Continued collaboration between regulators, industry bodies, and consumers is essential to ensure effective enforcement of existing regulations and the development of innovative strategies to combat this evolving practice. Additionally, promoting media literacy and educating consumers about deceptive advertising practices can empower them to make informed choices.

Conclusion:

Surrogate advertising continues to pose a complex challenge. However, the collective efforts of regulators, industry leaders, and consumers offer hope for a future where advertising practices are ethical, transparent, and prioritize the well-being of consumers. As the battle against surrogate ad continues, it is crucial to remain vigilant and advocate for a responsible and ethical advertising landscape.