Govt clamps down on surrogate ads; issues new guidelines to prevent misleading ads

The Ministry of Consumer Affairs, Food & Public Distribution has issued fresh set of guidelines for the prevention of false or misleading advertisements and making endorsements relating thereto.

As per the new guidelines, no surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law, by circumventing such prohibition or restriction and portraying it to be an advertisement for other goods or services, the advertising of which is not prohibited or restricted by law.

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An advertisement shall be considered to be a surrogate advertisement or indirect advertisement, if:

Such advertisement indicates or suggests directly or indirectly to consumers that it is an advertisement for the goods, product or service whose advertising is prohibited or restricted by law

Such advertisement uses any brand name, logo, colour, layout and presentation associated with such goods, product or services whose advertisement is prohibited or restricted

According to the conditions laid down by the Ministry for non-misleading and valid advertisements, an advertisement shall be considered to be valid and not misleading, if:

It contains truthful and honest representation
It does not mislead consumers by exaggerating the accuracy, scientific validity or practical usefulness or capability or performance or service of the goods or product
It does not present rights conferred on consumers by any law as a distinctive feature of advertiser’s offer
It does not suggest that the claims made in such advertisement are universally accepted if there is a significant division of informed or scientific opinion pertaining to such claims
It does not mislead about the nature or extent of the risk to consumers’ personal security, or that of their family if they fail to purchase the advertised goods, product or service
It ensures that the claims that have not been independently substantiated but are based merely on the content of a publication do not mislead consumers
It complies with the provisions contained in any other sector specific law and the rules and regulations made thereunder

Conditions for bait advertisements

The Ministry has directed that bait ads shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered. The advertiser will have to ensure that there is adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement.

Such ads cannot mislead consumers by omitting restrictions, including geographic restrictions and age-limit on the availability of the goods, products or services.

Ads targeted at children

The Ministry has also issued strict guidelines regarding ads that address, target or use children. As per the guidelines, an advertisement that addresses or targets or uses children shall not:

Condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children
Take advantage of children's inexperience, credulity or sense of loyalty
Exaggerate the features of goods, product or service in such manner as to lead children to have unrealistic expectations of such goods, product or service
Condone or encourage practices that are detrimental to children's physical health or mental wellbeing
Imply that children are likely to be ridiculed or made to feel inferior to others or become less popular or disloyal if they do not purchase or make use of such goods, product or service
Include a direct exhortation to children to purchase any goods, product or service or to persuade their parents, guardians or other persons to purchase such goods, product or service for them
Use qualifiers such as ‘just’ or ‘only’ to make the price of goods, product or service seem less expensive where such advertisement includes additional cost or charge
Feature children for advertisements prohibited by any law for the time being in force, including tobacco or alcohol-based products
Feature personalities from the field of sports, music or cinema for products which under any law requires a health warning for such advertisement or cannot be purchased by children
Make it difficult for children to judge the size, characteristics and performance of advertised products and to distinguish between real life situations and fantasy
Exaggerate what is attainable by an ordinary child using the product being marketed
Exploit children’s susceptibility to charitable appeals and shall explain the extent to which their participation will help in any charity-linked promotions
Resort to promotions that require a purchase to participate and include a direct exhortation to make a purchase addressed to or targeted at children
Claim that consumption of a product advertised shall have an effect on enhancing intelligence or physical ability or bring exceptional recognition without any valid substantiation or adequate scientific evidence
Claim any health or nutritional claims or benefits without being adequately and scientifically substantiated by a recognized body
Be published in any mass media, including advertisement on network games in respect of medical services, drugs, dietary supplements, medical instruments, cosmetic products, liquor or cosmetic surgery which are adverse to the physical and mental health of children.

Moreover, ads of any goods, product or service which addresses or targets children cannot be such as to develop negative body image in children or give any impression that such goods, product or service is better than the natural or traditional food which children may be consuming.

The Ministry also prohibited advertising of junk foods, including chips, carbonated beverages and such other snacks and drinks during a program meant for children or on a channel meant exclusively for children. Also, any ad which offers promotional gifts to persuade children to buy goods, product or service without necessity or promotes illogical consumerism shall be discouraged.

Due diligence required for endorsement of advertisements

Any endorsement in an advertisement must reflect the genuine, reasonably current opinion of the individual, group or organisation making such representation and must be based on adequate information about, or experience with, the identified goods, product or service and must not otherwise be deceptive.

Where, Indian professionals, whether resident in India or otherwise, are barred under any law for the time being in force from making endorsement in any advertisement pertaining to any profession, then, foreigner professionals of such profession shall also be not permitted to make endorsement in such advertisement.

Where there exists a connection between the endorser and the trader, manufacturer or advertiser of the endorsed product that might materially affect the value or credibility of the endorsement and the connection is not reasonably expected by the audience, such connection shall be fully disclosed in making the endorsement.