Mumbai: In a landmark development aimed at combating the growing menace of surrogate advertising, veteran adman Sandeep Goyal has filed a Public Interest Litigation (PIL) in the Punjab and Haryana High Court. The petition seeks the strict enforcement of existing laws that prohibit indirect promotions of alcohol and tobacco products, particularly those masked as brand extensions like elaichi or soda.
A bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel has issued notices to the Central Government, the Central Consumer Protection Authority (CCPA), and the Central Board of Film Certification (CBFC).
Managing Director of Rediffusion Brand Solutions Pvt. Ltd., Sandeep Goyal has consistently opposed surrogate ads and refused business from tobacco and alcohol brands since their advertising was outlawed in India. The 62-year-old Chandigarh resident, citing no personal interest in the matter, argues that such ads undermine public health—especially that of youth.
Goyal’s petition, argued by advocate Aadil Singh Boparai, cites high-profile examples like Vimal Elaichi, Rajshree Silver Coated Elaichi, and Pan Bahar—celebrity-endorsed ads that aired during primetime television and IPL matches. “The country is undergoing a health crisis wherein the youth of the nation is getting addicted to alcohol and tobacco at a tender age,” the petition states. “Advertisements, which use renowned celebrities to advertise their product, not only promote the consumption of alcohol and tobacco but also validate their consumption through glamorous portrayal.”
The plea contends that existing redressal mechanisms—including self-regulation by ASCI—are too sluggish to prevent these ads’ immediate and widespread impact. The petition draws on multiple court precedents that underscore the need for stricter oversight in advertising.
Among the reliefs sought:
- Enforcement of ASCI’s Code for Self-Regulation in Advertising.
- Implementation of CCPA’s Guidelines for Prevention of Misleading Advertisements and Endorsements (2022).
- Enforcement of Cable Television Network Rules (1994).
- Creation of a faster, government-led complaint redressal mechanism to vet and oversee advertising content.
Commenting on the urgency, the petition emphasizes, “It is the assertion of the Petitioner that the growing problem of surrogate advertisements can be effectively tackled only by a Complaint Redressal Mechanism which works under the direct aegis of the Central Government and supervises all advertisements being published/broadcast.”
Goyal’s PIL marks a significant call for systemic reform to close regulatory loopholes in advertising and protect vulnerable audiences from misleading brand communications. The matter is currently pending hearing.
