Surrogate Advertisements

Surrogate advertising refers to the indirect promotion of banned or restricted products, such as tobacco and alcohol, by advertising substitute or proxy products like:

• Music CDs
• Soda or mineral water
• Pan masala (without tobacco)
• Cardamom (elaichi)

The core objective is brand recall. Even though the advertised product appears legal, the brand identity, colour scheme, logo, and messaging subtly remind consumers of the original banned product. In this way, companies circumvent advertising restrictions without violating them overtly.

From a governance perspective, surrogate advertising poses serious concerns because it normalises harmful substances, especially among youth and sports audiences, thereby undermining public health objectives.

Legal Framework Governing Surrogate Advertisements

Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and Cable Television Networks Rules, 1994

These laws prohibit both direct and indirect advertisements of tobacco and alcohol products across media platforms.

CCPA Guidelines on Prevention of Misleading Advertisements, 2022

Issued by the Central Consumer Protection Authority, these guidelines:

• Clearly define surrogate advertisements
• Restrict indirect promotions that mislead consumers
• Empower authorities to penalise violators

Consumer Protection Act, 2019

The Act protects consumers against misleading advertisements and unfair trade practices, making surrogate advertising a consumer rights violation.

Advertising Standards Council of India (ASCI) Code

The Advertising Standards Council of India permits genuine brand extensions, but only under strict conditions, such as:

• Independent market presence of the advertised product
• Substantial sales not linked to the banned product
• No visual or thematic linkage with the prohibited product

Impacts of Surrogate Advertisements

Impact on Consumers

• Violates the right to information
• Misleads young audiences
• Creates false aspirations and normalisation of harmful consumption

Impact on Public Health

Surrogate advertising indirectly promotes addictive behaviour.
A study by the Indian Council of Medical Research found that 41.3% of advertisements during the Cricket World Cup were surrogate tobacco ads, highlighting the scale of the problem.

Impact on Companies

• Boosts sales of banned products indirectly
• Encourages unethical marketing practices
• Creates unfair competition

Revenue and Institutional Incentives

• A 10-second advertisement during major sporting events can cost around ₹60 lakh
• Sports bodies, broadcasters, and digital platforms benefit financially, creating regulatory reluctance

Issues in Regulation of Surrogate Advertisements

• Legal loopholes and vague definitions allow brand extensions to masquerade as surrogate ads
• Weak enforcement and low penalties reduce deterrence
• Economic dependency on “sin goods” advertising raises concerns about:
  • Job losses
  • Revenue decline for sports bodies and media platforms

Way Forward on Surrogate Advertisements

• Establish a clear legal distinction between genuine brand extensions and surrogate advertisements
• Strengthen COTPA and ASCI guidelines with precise standards and enforcement mechanisms
• Bring digital platforms and OTT media under stricter regulatory oversight
• Ensure accountability through:
  • Higher fines
  • Mandatory audits
  • Sustained awareness campaigns

Robust regulation combined with consumer awareness is essential for ethical, fair, and health-conscious advertising, especially in the digital age.

Dark Patterns in e-Commerce

With the rapid expansion of digital commerce, the Ministry of Consumer Affairs constituted a 17-member task force to frame guidelines against dark patterns in e-commerce.

Dark patterns are deceptive user-interface designs on websites or mobile applications that manipulate consumers into taking actions they did not intend, such as making purchases, sharing data, or subscribing to services.

The term was coined by Harry Brignull (2010) and is rooted in behavioural economics, as these designs exploit cognitive biases and psychological vulnerabilities.

Key Types of Dark Patterns Identified (9)

1. False Urgency – Creating artificial scarcity or countdown timers
2. Basket Sneaking – Adding extra items or charges without explicit consent
3. Confirm Shaming – Guilt-tripping users through manipulative language
4. Forced Action – Making users perform unrelated actions to access services
5. Nagging – Repeated prompts pressuring users to act
6. Subscription Trap – Easy sign-up but complex cancellation
7. Bait and Switch – Advertising one offer and delivering another
8. Hidden Costs – Revealing additional charges at the final stage
9. Disguised Ads – Advertisements designed to look like normal content

Consequences of Dark Patterns

• Violation of consumer autonomy and informed consent
• Unwanted payments and subscriptions
• Misuse of personal data
• Erosion of trust in digital markets
• Poor overall user experience

From a governance lens, dark patterns represent market failure due to information asymmetry and manipulation.

Way Forward on Dark Patterns

• Finalisation and strict enforcement of government guidelines on dark patterns
• Mandatory transparency in user-interface design
• Accountability of platforms for deceptive practices
• Strong penalties to create deterrence
• Public awareness and digital literacy, enabling consumers to recognise and resist manipulation