SURROGATE ADVERTISING

It is a form of advertising which is resorted to

market such goods and services which are not

permitted to be advertised directly under the law 1

-Akshat Razdan

• 1.http://www.lawinfowire.com/articleinfo/surrogate-advertising

Surrogate Advertising

Surrogate advertising is a form of advertising which is

used to market commodities such as alcohol, cigarettes,

tobacco and narcotic products and pharmaceutical

products which cannot be advertised directly under

applicable Indian laws.

http://naiknaik.com/surrogate-advertising-in-india-permissible-or-not/

Continued…

• Examples of such products include alcohol, cigarettes and

tobacco.

• These high revenue generating products however, have to be

marketed in the garb of some secondary product so as to

pummel the name of the brand in the mind of the consumers.

Surrogate Advertising ; Author: Akshat Razdan

Continued…

EVOLUTION OF SURROGATE ADVERTISING

• The birth of surrogate advertising happened in Britain, because housewives

started protesting against liquor advertisements which provoked their

husbands.

• In India, some extensive surveys resulted in findings which showed that

liquor ads had direct influence on consumers' purchasing behaviour.

• The cable T.V regulation act banned liquor and cigarette advertisements

from 1995. Thus, India gradually adopted surrogate advertisements.

• With government now banning even most of the surrogate advertisements,

the companies are turning to event sponsorship, event organising,

corporate films and more and more innovative integrated marketing

communication strategies.

ADVERTISING STANDARD COUNCIL OF INDIA (ASCI) CODE:

• ASCI IS A VOLUNTARY SELF-REGULATION COUNCIL, REGISTERED AS A NOT-FOR-

PROFIT COMPANY UNDER SECTION 25 OF THE INDIAN COMPANY ACT.

• IT IS FORMED TO SAFEGUARD AGAINST THE INDISCRIMINATE USE OF

ADVERTISING FOR THE PROMOTION OF PRODUCTS WHICH ARE REGARDED AS

HAZARDOUS TO SOCIETY OR TO INDIVIDUALS TO A DEGREE OR OF A TYPE WHICH

IS UNACCEPTABLE TO THE SOCIETY.

• SECTION 6 OF THE SAID CODE STATES: ‘ADVERTISEMENTS FOR PRODUCTS WHOSE

ADVERTISING IS PROHIBITED OR RESTRICTED BY LAW OR BY THIS CODE MUST NOT

CIRCUMVENT SUCH RESTRICTIONS BY PURPORTING TO BE ADVERTISEMENTS FOR

OTHER PRODUCTS THE ADVERTISING OF WHICH IS NOT PROHIBITED OR

RESTRICTED BY LAW OR BY THIS CODE’.

Surrogate Advertisements: A New Judicial ConcernWritten by: Rima Bhardwaj – IV th BSL LLB - ILS Law College, Punehttp://www.legalserviceindia.com/article/l346-Surrogate-Advertisements.html

SURROGATE ADVERTISEMENT BY TOBACCO AND LIQUOR INDUSTRY

EXAMPLES FROM TOBACCO INDUSTRY:

RED & WHITE BRAVERY AWARDS, WILLS LIFESTYLE, FOUR

SQUARE,WHITE WATER RAFTING,ETC.

EXAMPLES FROM LIQUOR INDUSTRY:

BAGPIPER SODA, CASSETTES & CDS, HAYWARDS SODA, ROYAL

CHALLENGE, GOLF ACCESSORIES AND MINERAL WATER, KINGFISHER

MINERAL WATER, WHITE MISCHIEF HOLIDAYS, SMIRNOFF CASSETTES &

CDS, IMPERIAL BLUE CASSETTES & CDS, TEACHER'S ACHIEVEMENT

AWARDS ETC.

PROMOTION BY BRAND EXTENSION

PROMOTION BY BRAND EXTENSION

SEAGRAMS

PROMOTION BY EVENTS

PROMOTION BY EVENTS

PROMOTION BY MUSIC CD’S

MANIKCHAND

SPONSORSHIP OF CULTURAL EVENTS

RELATED SURROGATE AND NORMAL PRODUCTS

ADVANTAGES :

• IT HELPS THE COMPANY TO GENERATE SALES FOR BANNED

PRODUCTS.

• IT KEEPS ON REMINDING CONSUMERS ABOUT THE BANNED

PRODUCTS INDIRECTLY.

• IF NOBODY CAN ADVERTISE, THEN THE THREAT OF

COMPETITION FROM NEW PLAYERS OR NEW LAUNCHES BY

COMPETITORS IS MINIMIZED.

DISADVANTAGES:

• IT BEATS THE PURPOSE OF BAN ON ADVERTISEMENT OF

HARMFUL PRODUCTS.

• IT IS HARMING THE SOCIETY A LOT BECAUSE CHILDREN

CANNOT DISTINGUISH BETWEEN THE BANNED PRODUCTS

AND THE ADVERTISED PRODUCT

• Surrogate advertisement have impact on the consumers buying

behavior in buying the surrogate products.

• Surrogate advertisements shown through media helps the customer to

purchase the required product.

• Also the knowledge and awareness level about surrogate

advertisements were very low.

• It was also observed that effective surrogate advertisements induce the

customer to purchase surrogate products.

Reviews

CONCLUSIONS

• SURROGATE ADVERTISEMENTS ARE NOT ONLY MISLEADING, BUT ALSO FALSE

AND DISHONEST IN MANY CASES.

• THIS METHOD IS USED BY THE CORPORATES BECAUSE OF THE AMBIGUOUS

LAWS .

• AS TOBACCO AND LIQUOR BUSINESSES ARE LEGISLATED YET RESTRICTED

BUSINESSES IN INDIA AND PROVIDES HUGE REVENUE TO GOVERNMENT , THE

ECONOMIC FACTORS SHOULD ALSO BE CONSIDERED WHILE DESIGNING THE

LAWS AND THEIR IMPLEMENTATION.

BIBLIOGRAPHYWEB LINKS:

• HTTP://WWW.LEGALSERVICEINDIA.COM/ARTICLE/ L346-SURROGATE-ADVERTISEMENTS.HTML GEORGE E. BELCH & MICHAEL A.

BELCH (2010) ADVERTISING & PROMOTION - AN INTEGRATED MARKETING COMMUNICATIONS PERSPECTIVE , 7TH EDITION, PG

534- 538

• HTTP://NAIKNAIK.COM/SURROGATE-ADVERTISINGIN-INDIA-PERMISSIBLE-OR-NOT/

• HTTP://WWW.THEADVERTISINGCLUB.NET/ INDEX.PHP/FEATURES/EDITORIAL/3224SURROGATE-ADVERTISING-IN-INDIA

• HTTP://WWW.SUPREMECOURTCASES.COM/ INDEX2.PHP?OPTION=COM_CONTENT&ITEMID= 1&DO_PDF=1&ID=20969

• HTTP://BLOG.IPLEADERS.IN/SURROGATEADVERTISEMENT-OF-LIQUOR-IN-INDIA-HOWINDIAN-LIQUOR-COMPANIES-GAME-THE-

RULES/

• HTTP://WWW.THEGLOBALJOURNALS.COM/IJAR/ FILE.PHP?VAL=OCTOBER_2013

BOOKS:

• RAZDAN.A, 2011,SURROGATE ADVERTISING.

• BHARDWAJ.R,2010 – IV TH BSL LLB - ILS LAW COLLEGE, PUNE, SURROGATE ADVERTISEMENTS: A NEW JUDICIAL CONCERN.

• WELLS, MORIARTY & BURNETT - "ADVERTISING PRINCIPLES & PRACTICE", 7TH EDITION, PG 59-88

• PROF. JITENDRA K. SHARMA,? SURROGATE ADVERTISEMENTS: A CASE OF PROXY WARAN ONLINE PUBLICATION BY

INDIANMBA.COM