The Central Government on Wednesday has directed the advertising agencies to ensure strict compliance with the guidelines for the prevention of misleading advertisement and and their endorsements, especially the provisions pertaining to surrogate advertisements.
The Department of Consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution has sent a communication on the same to the Advertising Association of India, Indian Broadcasting Foundation, Broadcasting Content Complaints Council, News Broadcasters and Digital Association, Advertising Standards Council of India, PHD Chamber of Commerce and Industry, Federation of Indian Chambers of Commerce and Industry, Confederation of Indian Industry, ASSOCHAM, International Spirits & Wines Association of India, and the Indian Society of Advertisers.
The guidelines for prevention of misleading advertisement ban surrogate advertisement or indirect advertisement of goods or services whose advertising is otherwise prohibited or restricted by law.
The Ministry in its directive said, “It has been noticed that these guidelines are not being strictly complied with by the concerned entities and the prohibited goods are still being advertised through surrogate goods and services. During the recent sports events that were televised globally, many instances of such surrogate advertisements were noticed”
The directive further read, “It has also been observed that many alcoholic spirits and beverages are being advertised under the garb of music CDs, club soda and packaged drinking water whereas the chewing tobacco and gutkha has taken the veil of fennel and cardamom.” Moreover, many such brands are employing major celebrities that accentuates the negative impact on the impressionable youth amongst others. Several instances of direct advertisement of alcoholic beverages on social media platforms were also observed by the ministry.”
The ministry also warned the advertisers’ associations that failure to ensure strict compliance of the guidelines by the concerned parties would lead to the Central Consumer Protection Authority (CCPA) taking the reins and take suitable stern action against the violators.
The guidelines are applicable to a manufacturer, service provider or trader whose goods, product or service is the subject of an advertisement, or to an advertising agency or endorser whose service is availed for the advertisement of such goods, product or service regardless of the form, format or medium of the advertisement.
