In India, advertisements are regulated by a dual regulatory regime comprising a self-regulatory mechanism established by the Advertising Standards Council of India (“ASCI”) and the Consumer Protection Act, 2019 which includes regulation for misleading advertisements.
Yet, companies producing demerit goods have always found an indirect way of advertising their products by leveraging legal loopholes. Surrogate advertising and brand extension are tactics which are often used to promote prohibited products.
In this article published by Mondaq, our Associate Jinal Shah explains the prevalent regulatory landscape and the challenges. She opines that clarification on definitions of ‘surrogate advertising’ and ‘brand extensions’ can guide the right way forward for companies.
Read the full article below: