Politics · India Bureau
Celebrity Endorsements Under Fire: What Is Surrogate Advertising in India?
Regulatory action against major Bollywood actors for promoting pan masala through indirect advertising has reignited debate over surrogate advertising—a practice where restricted products are marketed under the guise of alternative brands.
LSN India ·
The Maharashtra Food and Drug Administration's recent notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over a Vimal Elaichi advertisement have brought surrogate advertising back into the regulatory spotlight. The notices relate to allegations that the elaichi (cardamom) brand was being used as a proxy to promote pan masala products, which face strict advertising restrictions under Indian law.
Surrogate advertising refers to the promotion of products that cannot be directly marketed—such as tobacco, alcohol and certain tobacco-related items—through the indirect endorsement of seemingly unrelated brands or services. The practice exploits regulatory grey areas by using similar branding, packaging, jingles or celebrity ambassadors to create brand recall for the restricted product. Industry observers note that such campaigns often target consumers by maintaining visual and auditory consistency between the surrogate and the actual product being promoted.
India's advertising regulatory framework prohibits direct marketing of pan masala, gutka and other tobacco products. The Cigarettes and Other Tobacco Products Act (COTPA) 2003 explicitly bans tobacco advertisements in print, electronic and outdoor media. However, advertisers have increasingly turned to surrogate methods to circumvent these restrictions, marketing elaichi, mouth fresheners and other products while maintaining brand identity linked to restricted items.
The Federation of Indian Chambers of Commerce and Industry (FICCI) Code for Self-Regulation has guidelines against surrogate advertising, requiring that any advertisement not promote a restricted product directly or indirectly. Celebrity endorsements carry particular weight in these cases, as public figures can significantly amplify brand reach. The regulatory bodies have consistently cautioned that celebrities endorsing such advertisements can face action alongside brands.
Experts say the Maharashtra FDA action underscores ongoing challenges in enforcing advertising restrictions. While regulations exist, implementation remains inconsistent, with advertisers often testing regulatory boundaries. Consumer advocacy groups have called for stricter enforcement and greater accountability from both advertisers and endorsers in preventing indirect promotion of harmful products.