Author: Bhupali Dubey, pursing B.A.,LL.B.(Hons.) from National law University Nagpur
In the age of cutting-edge technology businesses commercials have become a potent kind of influence on both society and the people. Companies often utilise number of avenues through which to offer their products and services that have a direct or indirect influence on the lives of its customers. As a result in recent years several corporations have increasingly used such channels to sell items that are normally forbidden by law from being marketed directly.
Surrogate advertising is a tactics for promoting a non-existent product marketed publicly. Advertisers instead produce advertising that assists in building a brand and frequently incorporate prominent celebrities all without disclosing the real goods being sold indirectly sold.
The concept of surrogate advertising developed in the united-kingdom. Housewives in the UK started to object to the commercial of booze, they stated it irritated their spouses. The opposition became so strong that liquor brand owners were obliged to market soda and fruit drinks, when advertising was rendered illegal brands name because they had no other choice. This concept subsequently evolved into surrogate advertisements.
Since 1995, India has taken a firm position against the sale of alcoholic beverages and cigarettes. The Indian Ministry of Health conducted extensive study and discovered that booze and cigarettes had harmful effects on a person's health. Tobacco and alcohol cannot be disclosed publicly promoted in India due to legislation such as the cigarette and other tobacco goods; legislation of 2003 which makes all direct and indirect tobacco products illegal advertising. Surrogate advertising is used to avoid them. The issue arises when strong advertising is used to keep clients from forgetting their booze and cigarette brands, which are prohibited from promoting. Surrogate commercials are used to promote new items. Their sole goal is to make up for the losses caused by the prohibition on advertising one specific product (i.e. liquor). Companies can always claim that the order is being followed and that liquor ads are prohibited, but the government's goal in establishing the prohibition is not being met. It's a new proxy war weapon.Alcoholic beverage retailers have requested the government for clarification on surrogate commercials which are prohibited under the new rules to combat deceptive advertising. According to the revised guidelines a surrogate ad is one that communicates directly or indirectly to consumers that it is an advertisement for items it is also banned to advertise for companies whose advertising is outlawed to use any brand name logo colour or other symbol linked with items whose advertisement is prohibited. According to the liquor marketers, this is the region that requires clarification. Companies use surrogate advertising by putting their brand on items like water bottles or events like music festivals, but some of these goods exist on their own as well. It is uncertain if promoting these products and events will then be restricted; marketers have inquired. During the sports events broadcasting it has also been noted that several alcoholic spirits and drinks are being sold under the guise of music CDs, club soda, and bottled drinking water, whilst chewing tobacco and Gutka have donned the veil of fennel and cardamom. Furthermore, many of these firms employ famous celebrities, which amplifies the detrimental influence on impressionable adolescents, among other things. Issuing a blanket advertising ban on entities that manufacture goods or provide services for which advertising is restricted or prohibited would have a significant negative impact on free trade and prevent these entities from expanding their businesses (and brands) to other unrestricted products or services.The transformation as the popularity of cannabis marketing grows most marijuana businesses advertise their weed-infused products under the treatment guise ArcView and GW pharmaceuticals are examples of well-known brands in this area.
The advertising of new things under a well-known brand name is known as brand expansion several firms are currently utilising brand extension in reaction to a restriction on advertising a certain product category. For example under the same name kingfisher has sold everything from soda to calendars to aeroplanes.
promotion through affiliation focuses on a company’s value proposition and gives customers the impression that the brand is for bold individuals and celebrities typically promote such businesses can serve to symbolise the principles that a company want to portray such as the bagpiper club soda commercial included famed Bollywood actor ‘shatrugan sinha’ to advertise its brand.
Benefits
It enables businesses to gain income from prohibited items. It constantly reminding customers of the prohibited items in an oblique when no one can publicise the prospect of new competitor’s players is reduced
Limitations
It can defeat the goal of the government's ban on advertising dangerous items since the knowledge and awareness level on surrogate advertisements is very low. It can have a detrimental influence on society by pushing health-damaging products.
As Leo brunett, says “let’s gear our advertising to sell goods, but let’s recognize also that advertising has a broad social responsibility”
Certain measures
Measures may also be taken to guarantee that tobacco product brand names or emblems are not visible, even if such brands promote international events.Creating a consumer education effort to help people recognise the negative impact of surrogate marketing tough legislation to penalise corporations that use surrogate ads without the goods really existing. Advertisement businesses must have a deep understanding of the items supplied under the same brand pushing commercials and pursuing legal action against those agencies who create surrogate advertisements.