India’s federal government through the Department of Consumer Affairs (DoCA), in collaboration with the Advertising Standards Council of India (ASCI), yesterday conducted in Mumbai a stakeholder consultation on ‘Brand Extension vs. Surrogate Advertisements – Where’s the Line?’.

The objective of this consultation was to collectively address the intricate issues surrounding surrogate advertising, brand extensions, and trademark restrictions, with the overarching goal of safeguarding public health and consumer rights, a government statement stated yesterday.

The consultation engaged key stakeholders from government bodies, including the Central Board of Film Certification (CBFC), Ministry of Information and Broadcasting (MIB) and Trademark Authority, who shared their views on how to regulate surrogate advertisements.

DoCA Secretary Rohit Kumar Singh said that surrogate advertisements that promote products in restricted categories undermine consumer rights and can have serious implications.

Pointing out that there was a pressing need to restrict the proliferation of surrogate ads across industries, Singh asserted that if respective prohibited industries fail to adhere to this guideline and comply with existing laws, more stringent actions will be implemented.

The consultation underscored key discussion points as follows:

# There should be a clear distinction between the brand extension and the restricted product or service being advertised.

# The story or visual of the advertisement must depict only the product being advertised and not the prohibited product in any form.

# The ad must not make any direct or indirect reference to prohibited products.

# The ad must not contain any nuances or phrases promoting prohibited products.

# The ad must not use colour, layout, or presentations associated with the prohibited products.

# The ad must not use situations typical for promotion of prohibited products when advertising other products.

The consultation also made clarifications regarding the Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements in 2022,  where a precise definition of surrogate advertisement was introduced for an array of industry stakeholders, regulatory bodies, and experts to deliberate on effective strategies to deal with surrogate advertising.

Key discussions revolved around enhancing transparency, strengthening enforcement mechanisms, and promoting responsible advertising practices.