Context-

Surrogate marketing in India has emerged as a significant public health issue, with increasing concerns over its impact on society. Despite regulations, this form of marketing has persisted, subtly promoting harmful products like tobacco and alcohol under the guise of innocuous items such as mouth fresheners, sodas, and music CDs. The Ministry of Health has taken steps to address this, recently directing the Board of Control for Cricket in India (BCCI) and the Sports Authority of India to prevent athletes from engaging in surrogate marketing of alcohol and tobacco products.

The Extent of the Problem

Tobacco and alcohol contribute significantly to the burden of non-communicable diseases in India. Tobacco consumption alone causes over one million adult deaths annually. The economic cost is staggering, with tobacco accounting for 1.04% of India’s GDP. The reach of surrogate marketing is extensive, with Pan Masala brands occupying over 15% of advertisement volumes during the 2024 Indian Premier League (IPL), spending more than INR 350 crore. This highlights the urgent need for stricter regulations to curb such practices.

Corporate Manipulation and Legal Loopholes

India’s struggle against surrogate marketing is complicated by corporate strategies that deceive consumers and manipulate the market. Notable examples include Patanjali Ayurveda’s promotion of unverified COVID-19 remedies, which led to widespread criticism and a Supreme Court plea from the Indian Medical Association.

Companies have indulged in a very aggressive campaign; for instance, in IPL 2024, pan masala products contributed 16 percent to ad volumes, an increase over the previous year. Their product placement within the cultural consciousness has been furthered by slogans ringing with national pride or success, such as “Zubaan Kesari”. The rise in demand for products based on areca nut and cardamom has moved in tandem with a rise in oral cancer, and this calls for stronger enforcement of the laws and awareness among the people. Figure shows the dominance of pan masala brands in IPL advertising and the imprint they make on in-stadia advertising and online media.

The Cigarettes and Other Tobacco Products Act (COTPA), 2003, prohibits tobacco advertisements, but companies exploit legal loopholes by advertising non-tobacco products under the same brand names. The Advertising Standards Council of India (ASCI) has guidelines to prevent such practices, but enforcement remains weak. Additionally, other statutory provisions, like the Indian Penal Code and the Consumer Protection Act, address aspects of surrogate advertising, but these laws are often tangled in legal red tape, making it challenging to hold companies accountable.

The Health Repercussions

The health impacts of surrogate marketing are particularly severe for vulnerable populations such as children, adolescents, and young adults. India bears a disproportionate burden of tobacco-related deaths, with 80% of the world’s deaths due to smokeless tobacco (SLT) occurring in the country. Oral cancer, largely attributed to SLT, accounts for nearly 30% of India’s total cancer cases. Although there has been a slight decline in tobacco use among men, it remains alarmingly high, especially in rural areas.

A study by the Indian Council of Medical Research (ICMR) revealed that surrogate SLT brands dominated 41.3% of advertisements during the ICC Men’s Cricket World Cup 2023, particularly during high-viewership matches involving South Asian teams. This widespread exposure normalizes harmful products in the public eye, further exacerbating the public health crisis.

International Comparisons and the Need for Stricter Regulations

Countries like Norway and China have implemented stringent measures to curb the marketing of harmful products. Norway’s advertising bans have led to a decline in alcohol consumption, while China has recently started banning the production, consumption, and marketing of areca nuts. In contrast, India continues to struggle with the public health toll of surrogate marketing, despite a reduction in alcohol consumption among men from 29% to 22% (according to the National Family Health Survey).

Deceptive Food Marketing

The problem of misleading marketing is not limited to tobacco and alcohol. A recent study on nutrition labels found that many high-fat, sugar, and sodium products are falsely marketed as "natural," misleading consumers. A 2019 survey reported that 56% of tobacco consumers were unaware of surrogate ads, while over 70% were influenced by them. Health activists like Revant Himatsingka, also known as Foodpharmer, have been instrumental in raising awareness about deceptive marketing practices, particularly through viral campaigns like “Label Padhega India.”

Proposed Solutions for Combating Surrogate Marketing

To address the growing threat of surrogate marketing, the following steps are essential:

●      Strengthening Legislation and Closing Loopholes: Amend COTPA and ASCI guidelines to explicitly ban surrogate advertising across all media, events, and sports sponsorships. Clearly differentiate between surrogate commercials and legitimate brand extension campaigns. Regulate digital platforms under existing laws, with a focus on sports betting, health supplements, and gym-related products.

●      Ensuring Accountability: Increase penalties for media corporations that carry surrogate ads. Implement mandatory bans on celebrities endorsing such products, with penalties severe enough to act as a deterrent.

●      Enhanced Regulatory Oversight: Establish an autonomous regulatory authority to conduct periodic audits, monitor advertisements, and impose penalties swiftly. Implement real-time vigilance during major events like IPLs and World Cups to identify and address advertising violations promptly.

●      Public Awareness and Education: Launch national campaigns to educate consumers, particularly vulnerable populations, about the dangers of surrogate marketing. Utilize the school system, social media, and community outreach to spread awareness effectively.

●      Promoting International Collaboration: Align India’s advertising laws with international best practices. Collaborate with global organizations like the World Health Organization (WHO) to ensure that Indian legislation meets international standards.

Conclusion

India is at a critical juncture in its fight against surrogate marketing. The government must act decisively to tighten regulations, close legal loopholes, and enforce stricter penalties. Celebrities and influencers also have a role to play by choosing endorsements responsibly and prioritizing public health. Through collective efforts, India can protect its future generations and foster a healthier society.

Source- The Indian EXpress