Government to release detailed guidelines on surrogate advertising soon

New Delhi: Surrogate advertising is taking centre stage in the government's 100-day plan to safeguard consumer rights. The Ministry of Consumer Affairs (DoCA) will soon release elaborate guidelines on surrogate advertising, simultaneously working on curbing dark patterns, greenwashing, and pesci calls, among other concerns.

Nidhi Khare, Secretary, the Ministry of Consumer Affairs, told BestMediaInfo.com, “We will soon be releasing elaborative guidelines on surrogate advertising."

Recognising the evolving nature of marketing tactics, the DoCA plans to incorporate public feedback into the guideline development process. “We will then also be taking in public feedback; say, about 30 days will be given for suggestions on the new set of guidelines,” Khare explained. This public consultation ensures the guidelines are comprehensive and address the latest trends in surrogate advertising. 

The current set of guidelines allows the promotion of other products using the same brand name or logo as the prohibited product, provided that such ads adhere to the guidelines' provisions and are not deemed objectionable. The guidelines permit genuine brand extensions.

However, CCPA continues to identify numerous instances where liquor brands are violating existing regulations. It has found many instances where alcoholic beverages are being advertised in mainstream media under the pretence of promoting other products or services associated with the same brand.

Nidhi Khare, secretary of DoCA, acknowledges existing guidelines but emphasises the need for a more robust framework. “There are guidelines to guide businesses in how they can ensure there's no consumer rights violation,” she stated, “but we will be coming up with more elaborative guidelines for surrogate advertising.” These new guidelines aim to steadily close loopholes currently exploited by companies and ensure clear communication with consumers.

The ministry has also signalled a tougher stance on enforcement. Companies found flouting the guidelines can face hefty penalties. This initiative is crucial for several reasons. First, it protects consumers, particularly vulnerable demographics like children, from being misled. Second, it creates a level playing field for businesses that rely on transparent advertising. Finally, it strengthens consumer trust in the advertising landscape as a whole.

Khare emphasised that collaborative approaches play a key role in calling out violators of consumer rights as well as in improving existing guidelines. When asked about how the Ministry keeps track of the compliance rate, she addressed the complexities of the matter by saying, “Bad actors in the industry will always try to abuse loopholes in guidelines, but then this is what regulations and acts are for.”

However, challenges remain. Surrogate advertising thrives on ambiguity. Companies may find new loopholes to exploit. “While one may not treat our guidelines as a mandate, the malpractices will still be brought under the radar for penalisation,” Khare reiterated.

Robust enforcement mechanisms and continuous vigilance are essential for the initiative's success. Additionally, consumer awareness is key. Educating the public on how to identify and report surrogate advertising can empower them to become active participants in ensuring fair advertising practices. 

The DoCA's plan extends beyond tackling surrogate advertising. The ministry is committed to addressing a wider range of deceptive practices, including misleading advertisements in the IAS coaching industry and greenwashing, where companies make false claims about a product's environmental friendliness. Additionally, the DoCA plans to launch a mobile application to help consumers identify manipulative tactics used by online platforms. These initiatives demonstrate the government's multi-pronged approach to protecting consumer rights.