Surrogate Advertising in India: The Imperatives of Consumer Protection and Regulatory Governance

Surrogate advertising has emerged as a significant regulatory challenge in India, particularly where restricted or prohibited products are promoted indirectly through seemingly permissible products or brand extensions. Such practices can circumvent advertising restrictions while continuing to build consumer recognition for the underlying product or brand. The issue highlights the need to balance commercial freedom, consumer protection and effective regulatory governance.

The Regulatory Challenge

  • Surrogate advertising can exploit regulatory gaps by using permissible commercial communication to indirectly promote products whose direct advertising is restricted or prohibited.
  • Such practices can undermine the objectives of laws governing regulated products while making it difficult for authorities to establish the intent and substance of the promotion.
  • The expansion of digital platforms, social media and influencer-led marketing has further widened the avenues for indirect brand promotion, increasing the complexity of regulatory oversight.

Endorsement and Due Diligence

  • Celebrity and influencer endorsements can significantly shape consumer perceptions, creating a need for endorsers to undertake reasonable due diligence before associating themselves with products or brands.
  • The Consumer Protection Act, 2019 provides for action against misleading advertisements and prescribes liability for endorsers in specified circumstances.
  • Effective enforcement should distinguish between genuine product promotion and deliberate attempts to circumvent advertising restrictions, ensuring that regulatory action remains evidence-based and proportionate.

Strengthening Regulatory Governance

India needs a coordinated regulatory approach based on clear definitions, effective monitoring, transparent enforcement and greater responsibility across the advertising ecosystem. Self-regulation can complement statutory oversight, but cannot substitute for effective public enforcement.

Ultimately, addressing surrogate advertising requires more than imposing penalties after violations occur. Closing regulatory loopholes, strengthening due diligence and ensuring proportionate enforcement can protect consumers while preserving legitimate commercial communication and reinforcing trust in India’s advertising ecosystem.