Misleading & surrogate ads: ‘Grey areas in govt guidelines’

While the government talks about a hefty penalty on advertising regulation violators, the ambiguity in the guidelines may allow brands and influencers to escape the penalty, assert experts

e4m by Kanchan Srivastava
Published: Jun 14, 2022 9:02 AM  | 7 min read
Surroagte ads

On June 9, the Union Consumers Affairs Ministry notified ‘Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022’, sparking a fresh round of debate over misleading advertising and celebrity endorsements.

The guidelines, framed under the Consumer Protection Act 2019 came into force from 20th July, 2020, with the establishment of the Central Consumer Protection Authority (CCPA) and stipulate strict rules and penalties in order to protect consumers from misleading advertisements and protect consumer rights.

While the Advertising Standards Council of India (ASCI) has already stipulated comprehensive guidelines, they are meant for self-regulation only as ASCI lacks the power to penalize violators of the code.

The government, on the other hand, has empowered the Central Consumer Protect Authority (CCPA) to impose a penalty of Rs 10 lakh to Rs 50 lakh on manufacturers, advertisers and endorsers for any misleading ads. The CCPA can also prohibit an endorser flouting the rules from making any endorsement for one to three years. 

These regulations come with several grey areas, point out ad industry observers, and offer a long rope to advertisers and celebs who take the liberty of bringing out misleading and surrogate ads.

As per experts, the loopholes are primarily in three key advertising domains: junk food advertisement for kids, surrogate advertisement and influencer marketing.

Ban on surrogate but what about brand extension?

Clause 6 of the CCPA notification prohibits surrogate advertising, both direct and indirect. However, it misses mentioning “brand extension”, which has been used by many advertisers in the past to propagate a different product using the brand name that is otherwise not allowed to advertise, like in the case of tobacco and liquor.  

The clause states, “provided that mere use of a brand name or company name which may also be applied to goods, product or service whose advertising is prohibited or restricted shall not be considered to be surrogate advertisement or indirect advertisement, if such advertisement is not otherwise objectionable as per the provisions set out in these guidelines”.

On the other hand, ASCI guidelines clearly define Brand Extension and state “Brand Extension Product or Service should be registered with appropriate Government authority and must meet other requirements such as Rs 20 lakh turnover or presence in the market for two years”.

With this loophole in the government notification, if a brand sells tobacco, it can use the same brand name to advertise an airline or a clothing range without meeting any criteria, industry experts point out. It is to be noted that liquor brand extensions are illegal as per COTPA.

Sam Balsara, Founder and Chairman of Madison World, says, “Any rule that furthers the cause of consumer protection is welcome because it increases consumer confidence in advertising. However, the rule must be clear cut, specific and not capable of different interpretations by different advertisers to suit their convenience.”

According to the senior adman, a blanket ban on liquor advertising has resulted in a flurry of surrogate ads and calls for lifting the ban.

“The country has an unreasonable rule that completely bans advertising at all times. This has led to initially surrogate advertising and then to the creation of what we now call extension brands. All this would not happen if liquor advertising was allowed with restrictions like being allowed only after 10 PM, not showing minors drinking or even not showing any age models in the ad,” Balsara noted. 

Rahul Vengalil, Managing Partner of Isobar, echoes the sentiments. “Liquor and tobacco brands have always been using surrogate ads. With fresh guidelines, I wonder whether tech giants like FB will continue to run ads for liquor brands.”

Sharing a different perspective was Rediffusion MD Sandeep Goyal. He hails the notification and believes it is a big step forward in the case of surrogate ads. He, however, finds the brand extension issue a bit problematic. “The government notification legalizes the ban on surrogate advertising. There are no two ways about it. Liquor brands, going forward will find it very hard to justify CDs and glasses as genuine lines of business,” Dr Goyal noted, adding, “Yes the brand extension part can be misused but this is only the start of the process. We need to just watch the space. Soon there will be consumer complaints and the CCPA judgments will help amplify what is allowed and what is not.”

When asked about the differences between ASCI and the government guidelines, with the former being more extensive than the latter one, Manisha Kapoor, CEO of ASCI said, “No guidelines or notifications are perfect. There is always a scope for updates and fine-tuning. We also update our code from time to time. The government notification is a powerful tool to nail those who make misleading ads to fool consumers. The notification does need some clarification on a few points. I am sure the government will review them after receiving feedback from all stakeholders.”

Junk Food Not Defined 

Clause 8 of the notification states, “An advertisement for junk foods, including chips, carbonated beverages and such other snacks and drinks shall not be advertised during a program meant for children or on a channel meant exclusively for children.”

However, the notification doesn’t explain what is included in the junk food category. “There must be a clear definition of junk food. It can be left to the discretion of the advertisers. Only chips and carbonated drinks are not junk. From biscuits to instant noodles to cakes, most processed foods fall under the category of junk food. But the rules must specify them,” Vengalil asserted.

He also questions the ban on junk food ads on only kids’ channels and programs. “Kids watch other channels too. Hence, banning junk food ads only on kids’ programs and channels is an eye wash. Anyone can find these loopholes and exploit them,”

So, what does ASCI say in this regard? The ASCI code reads: “Advertisements for food or beverages unless nutritionally designed as such should not be promoted or portrayed as a meal replacement.  Advertisements should also not undermine the importance of healthy lifestyles or mislead as to the nutritive value of the food or beverage.”

Notably, there has been a marked increase in the number of complaints against foods and beverages ads during the Covid-19 pandemic. In the last financial year, ASCI processed a total number of 284 complaints compared to 175 in FY 2019-20.

“On junk food again clarity will emerge only when consumer complaints get filed and CCPA rulings follow. The important thing is that a first step has been initiated and it is a big step in putting through some method in the madness,” Dr Goyal stated.

How do influencers disclose stakes in the brand?

Section 14 of the CCPA notification states that the celebrity endorsers need to disclose their material interest in the products that they endorse.

“Disclosure of material connection – 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.”

But how and where they should disclose it, has not been explained. This needs to be clarified, industry experts note.

The ASCI guidelines, on the other hand, clearly ask influencers to disclose their material connection with the brand.

The influencers’ accounts must carry a disclosure label that clearly identifies it as an advertisement or partnership, ASCI says, while listing out the methods of disclosure on all platforms. For example, a 15-second video must cover disclosure for at least 3 seconds, and for videos longer than 2 minutes, disclosure should be for the entire length of the video. 

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Go viral or go home? Why brands need to rethink their approach

Industry experts warn against advertisers losing sight of their purpose in their quest for virality

By Tanzila Shaikh | Mar 24, 2023 9:12 AM   |   6 min read

viral

Once upon a time, all that an advertiser would want is a creative ad campaign that resonates with the masses and creates recall and value for the brand. Today, it's a different story. Agencies have been putting creativity in the backseat to cater to client demands for "viral" campaigns instead.

With technological advancements like improved tools to scale up campaigns and efficient media to reach audience digitally, demands for virality has gotten more and more strident in recent years from the advertisers, much to agencies' chagrin.

In the race to chase numbers and eyeballs with a viral campaign, agencies are being tasked with finding a fool-proof course to make the campaign go viral. But is there a way to predict virality?

Not too long ago, the Zomato-Blinkit billboard campaign became a gold standard in viral campaigns where brands across categories hitched their wagons to it. The sharability and humour contributed to the immense virality of the campaign. Was Zomato privy to an arcane algorithm to ensure that the campaign went viral? Not likely. Can any agency worth its salt make an ad go viral with just enough creativity? e4m asked experts.

Russell Burrett, Chief Experience Officer at TBWA\India, answered, “First off, let’s be very clear that creativity is a tool, a weapon, a solution. Whereas virality is an outcome. No one can deliver truly viral content on demand. But sure there are a few ingredients that can go into the mix to help an idea go viral."

He explained further: "Go to where the people are. That really means talking about things that are culturally relevant, using people who will have a cultural cache. Try and figure out why people will share this content and dial that bit up. It may still not go viral, because it’s still an outcome, but these ingredients can definitely help.”

Ajay Gehlaut, Ex-Dentsu, Group Chief Creative Officer, pointed out the absurdity of clients making such demands. “It's been going on ever since the word viral came up, ‘make a viral video.' You cannot make a viral video; you can make a video and hope it goes viral. You cannot hope for virality, you can make a good piece of communication. Usually what goes viral is the lowest denominator.”

Similarly, Shivil Gupta, Creative and Strategy Consultant, added, “Today everybody wants to be in the news at any cost. But when it comes to a brand we need to understand that consumer always associates themselves with the goodness of the brand. Asking creative people to think of an idea while keeping the virality factor in mind is a dangerous path. Remember there is a thin line between famous and notorious.”

Azazul Haque, Chief Content Officer at Media.Monks believes that demands for virality can often work to the brands' detriment. “In Advertising, creativity has a purpose, it is purposeful communication for the brand to awareness or increase sales. When brands say virality, everything takes a backseat. It doesn’t hamper the creative as much but it hampers the objective. Many times clients say - forget the objective, and then they want any random thing to happen," he rues.

“I think it loses the marketing communication objective more than it loses the creativity because then you’ll have to be contextual, and topical so that it goes viral. I think that brands that have nothing to say, end up saying they want to make something viral. I think the push for virality makes the brand lose perspective.”

It is an important factor for campaigns to reach the target audience and become a part of dining table conversations, brands should not pressure creatives to come up with a viral campaign because as spoken above by the experts, virality is the byproduct of creativity, strategy, medium and many other factors. Experts advise brands to go after creativity than being part of the rat race.

Aalap Desai, CCO Dentsu Creative West and Dentsu Creative Experience, India, said, “The word 'viral' is highly ambiguous. I feel people use that as a crutch to compensate for parts of the brief they can't answer questions for. It cannot be planned or figured out completely. You can only hope that what you create goes viral. You cannot guarantee that it will every time.”

“One thing that is guaranteed is that if we create something that has craft in it, it will be shared and appreciated. Craft might be the idea or the way it's made. But if the idea is made well, people appreciate it. It's a lot like Bollywood. We are not supportive of movies like Shehzada but we are super appreciative of movies like Kantara. Did the filmmakers of Shehzada plan it to be a flop? No. But did they create a flop? Yes. The same applies to advertising. Let craft and creativity breathe and the viral requirement will be fulfilled as an after-effect. You can't start with it.”

Similarly, Barrett said, “We are in the business of creativity. We aren’t in the service industry or the consultation business. Service and advice are very important parts of our business, but it isn’t the core. Creativity isn’t an indulgence, it’s our very reason for existence. Though I want to call out the difference between creativity and the creative department. Every department is in service of creativity. You can’t be In advertising and not be creative.”

Gehlaut wants brands to understand where they stand and act accordingly. He said, “Make sure to be consistent, virality is something to talk about at parties. It builds only conversations, I don't know how it helps. First, know your brand, then build it in every touch point, and put it in every piece of communication.”

Haque says that if the brief starts with ‘let's do something viral’ then the brand has to rethink its purpose. He said, “Virality is a fluke, and one should never run after flukes. Running after such short-term fame won't help a brand in the long run. If ‘Let's do something viral’ becomes your brief, the brand has lost its purpose. There have to be reasons to go after it.”

Gupta rounded it up by saying that if the brand communication is genuine that it will surely have the potential to go viral. He said, “Better we should try to come up with genuine ideas which complement the brand. We are in a business where a real challenge is our talk of the town concept should also be discussed at the dining table among the family members. Idea achcha hoga toh charcha zarur hogi.”

In older times, when data technology wasn’t handy, brands used tactics to measure the success of their campaign through various touch points, and an increase in sales was one of them. Virality may help to create awareness among consumers, but does it really help to spike sales, which is the end goal of any business, is still a conversation out there.

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Lloyd launches new campaign with star couple Deepika & Ranveer

Conceptualised and created by McCann, the campaign is named ‘khayaal jo ghar ko ghar banaye’

By exchange4media Staff | Mar 23, 2023 5:37 PM   |   2 min read

lioyd

Home is considered the epitome of love and care, it is this “Khayaal’’ by our loved ones that makes us feel cared for, loved, and pampered at home. Building on to this strong emotion, Lloyd has launched new campaign starring Deepika Padukone and Ranveer Singh. The newly launched campaign promotes Lloyd Grande heavy duty air conditioner range and position it as an enabler of the care and love at home.

Conceptualised and created by McCann, the Lloyd campaign film is focussed on driving differentiation and deliver on its newly introduced brand promise of ‘Khayaal jo ghar ko ghar banaye’.  The storyline of the ad film takes a creative, fun route and tries to build on the ultimate symbol of “Khayaal (care)” and “Khushi (happiness)” – the home. It beautifully depicts Deepika’s gesture for Ranveer when he crashes on the sofa the cool gush of air hits his sweaty face. He looks at the Deepika lovingly and Deepika highlights the core thought of the brand through her gesture ‘Jaan ho meri, khayaal toh rakhna padega na’.  The campaign storyline cements the brand promise by showcasing the superior features of Lloyd Grande heavy duty air conditioner with powerful cooling (even at 60 degrees) and indoor air purification to create a stronger brand connect.

Alok Tickoo, Executive Vice President, Lloyd, said, “We are delighted to launch our summer campaign to further deepen consumer connect and strengthen our presence in the Northern region. Our campaign showcase that the Lloyd Grande heavy duty range offers most convenient and comfortable environment at home even at a temperature 60 degrees outside with plasma protective shield.”

Commenting on the campaign, Rohit Kapoor, EVP – Brand Marcom, Havells India Ltd said, “Our attempt with the launch of summer campaign is to integrate Lloyd air conditioner performance and the emotion of a home with the brand.  The home provides a natural setting for all consumer durables to be used and showcased. Therefore, our brand promise ‘Khayaal jo ghar ko ghar banaye’ resonates with our vision to build greater trust and affinity for air conditioner portfolio.

The mega campaign will be supported with extensive media push. The 360-degree campaign is live and promoted across all mediums – Television, Digital, Print, Outdoor and BTL and retail visibility. It will be aired on Cricket, GEC, movie, news, and regional channels.

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Magicbricks launches campaign, reiterating promise to assist customers find dream homes

Unveils Video trilogy celebrating Chennai, Hyderabad and Bengaluru as real estate growth engines

By exchange4media Staff | Mar 23, 2023 5:30 PM   |   2 min read

magidbricks

Magicbricks has launched a multi-city, omnichannel marketing campaign #OurCityOurHome to celebrate the growth engines for real estate in India and reiterate its commitment to partnering home seekers to find their dream homes in these cities.

The campaign’s cornerstone is a trilogy of long-format videos that tug at the heart, offering home seekers a view into the evolution of each city and showcasing a melange of cultural nuances, heritage, hotbeds of growth, culinary delights, and contemporary lifestyle of Chennai, Hyderabad and Bengaluru as real estate growth engines. The campaign is timely, with residential demand growing throughout the country. According to Magicbricks Research, in 2022, 80% of potential home buyers searched for apartments, up from 67% in 2021, and Bengaluru was the most searched city in India for purchasing properties.

Elaborating on the campaign, Devarshy R. Ganguly, Head of Marketing, Magicbricks shared, "For more than 15 years, we at Magicbricks have been serving customers throughout the country in their quest for a home. As the cities have evolved, so have we, and have grown and gained deep insights into the evolving needs of our customers. Consequently, we are ideally placed to partner with home seekers in making this important decision. This campaign is a reflection of our deep understanding of these cities and how we are best placed to serve as the gateway for customers to find their dream homes.”

A unique element of the campaign is the massive outdoor strategy with bespoke communication for each city. The messaging is tailored to popular neighborhoods, city landmarks, and crafted with local language nuances, featuring more than 40 unique creatives across 355 sites in eight cities (Noida, Gurugram, Ahmedabad, Mumbai, Pune, Bengaluru, Hyderabad, and Chennai).

To further amplify reach and engagement, Magicbricks has collaborated with over 200 content creators and micro influencers across these cities. The campaign is also active across 10+ digital platforms and high affinity TV channels to reach out to core audiences.

 

 

 

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Navyāsa launches campaign with cricketers from Delhi Capitals, WPL

The campaign recognizes the many roles that every woman plays making them unique

By exchange4media Staff | Mar 23, 2023 4:06 PM   |   2 min read

navyasa

Navyasa By Liva launched their new campaign, #freetobe with ladies from the Delhi Capitals team of the Women’s Premier League. The ad film portrays and salutes today’s bold, self-reliant women who dares to dream. navyasa by liva is the official principal partner of Team Delhi Capitals for the Women’s Premier League.

The campaign recognizes the many roles that every woman plays making them unique. It celebrates their courage, passion, and, spirit that is letting them #freetobe. The video showcases the players in a new light as they look stylish and fashionable in sarees.  They work hard, but play hard too, and give style goals as they flaunt their glamorous sides.

The campaign film is live on YouTube, Facebook and Instagram, and grabbing a lot of eyeballs already.

As a part of the campaign, Indian all-rounder player Jemimah Rodrigues, South African all-rounder player Marizanne Kapp, and Titas Sadhu also visited to the navyasa by liva store in Palladium Mall for an interaction with their fans. The event was hosted by sports presenter and lifestyle influencer Tanvi Shah.

ManMohan Singh – Chief Marketing Officer – Grasim Industries Ltd | Pulp & Fibre said, "We are proud to associate with the Delhi Capitals team of  Women’s IPL 2023. The brand essence of Navyasa by Liva is to cater to the woman of today who can do anything, be anything and achieve everything. This film is a way to honour and celebrate the WPL players who are breaking prejudices and bringing in a new era of cricket in India.”

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Pepsi gets Yash on board for new summer campaign

In the campaign, Yash encourages everyone to challenge the noise around them, follow their hearts and just rise

By exchange4media Staff | Mar 23, 2023 1:19 PM   |   2 min read

Pepsi

Pepsi has rolled out yet another summer campaign with actor Yash.

The campaign aims to empower the youth of India that own who they are without seeking validation through society.

Building on this very philosophy, this allegorical TVC showcases how as individuals we are constantly surrounded by a sea of voices. The sea of voices is constantly telling us what to do, what to like and whom to swipe and if we listen to them to the societal voices too much, they will Judge us, control us, and soon enough drown us. Embodying the persona of the irrepressible Pepsi guy, Yash encourages everyone around him to challenge this noise, follow their hearts and just Rise up Baby.

Commenting on the association, Saumya Rathor, Category Lead, Pepsi Cola, PepsiCo India, said, “The response we have received since we joined hands with the Yash has been nothing short of phenomenal as the country has truly appreciated this epic partnership. As promised, we are back with a blockbuster film featuring Yash, embodying our all-new campaign. He narrates the new positioning in his extraordinary style, empowering the youth with self-expression, self-confidence, and self -belief. The TVC echoes the irrefutable truth that this generation truly is Unstoppable and Gravity has absolutely nothing on them!”
Sharing his excitement on the new campaign, Pepsi®️’s ambassador, rocking star Yash said, “This film is very personal to me as it encourages one to be confident, expressive and a go-getter, despite all odds. It reflects the voice and purpose of the younger generation today. I had a great time shooting for this film and I hope the audience will enjoy and relate to it, the way I did.”

The campaign film was unveiled by Yash as he posted the video reverberating the ‘Rise up Baby!’ attitude with millions of fans over Instagram. The film will be amplified over traditional and digital platforms across the country.

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Apis campaign for Ramadan speaks of personal well-being

The campaign, titled “Ibaadat Ke Iss Mahine Rakhein Sehat Ka Saath”, aims to promote individual well-being by blending the spiritual and personal aspects of Ramadan

By exchange4media Staff | Mar 23, 2023 11:53 AM   |   2 min read

Apis

Apis India has launched a campaign during the holy month of Ramadan.

The campaign, titled “Ibaadat Ke Iss Mahine Rakhein Sehat Ka Saath”, aims to promote individual well-being by blending the spiritual and personal aspects of Ramadan through Apis India's range of dates clubbed with other relevant products consumed in the month of Ramadan. Beyond just health, the campaign also celebrates the community bond that Ramadan brings together.

As part of its digital campaign for Ramadan, Apis is implementing a multifaceted strategy that includes a variety of initiatives. In addition to the ongoing social media campaign, the brand has planned a Pan-India contest and an influencer campaign on social media. These efforts are designed to engage with a wide audience and promote the brand's message of overall well-being during the holy month.

The contest invites participants to create unique recipes using Apis dates and other products for sehri and iftar promoting the diverse delicacies of the season through the brand.

As part of Apis India's “Ibaadat Ke Iss Mahine Rakhein Sehat Ka Saath" campaign, the brand's social media strategy includes an online contest that leverages the overarching narrative.

Being a social media contest that engages the community, Apis India is also relying on other factors to reach out to a broader community. Through influencers from the Muslim community, the brand aims to spread awareness, while maximising the influencers by using them as a catalyst to boost the activity. The brand is also focusing on targeted ads during this holy month to amplify its online campaign.

To expand its reach beyond the digital sphere, the brand also includes hoardings, billboards, and banners to complement the social media campaign. In addition, the brand will organise an on-ground activity inspired by its video advertisement which conveyed the message of togetherness across religious lines and promoted the brand as an icon bringing people together.

The on-ground activity will see Apis visiting areas in the national capital with a significant Muslim population and distributing hampers containing Apis Dates and other products to the underprivileged during iftar. Through this initiative, Apis aims to increase consumer awareness about the significance of physical well-being during Ramadan and create a deeper bond within the community. By leveraging its campaign, Apis hopes to make a lasting impact on individuals and communities across the country.

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Viacom18 'hijacks' Google Search in latest campaign for WPL

Search Hijack, conceptualized by 22feet Tribal Worldwide, makes girl name recommendations inspired by the women crickets, each time new parents run a search on Google

By exchange4media Staff | Mar 23, 2023 11:28 AM   |   3 min read

WPL

Viacom18 has launched ‘Search Hijack’, the latest campaign from its stable of the thrill-a-minute women’s T20 league. Search Hijack encourages viewers to catch the WPL as it heads into a high-octane play-offs stage.

The campaign features stylish southpaw Smriti Mandhana.

The campaign germinated from the core idea that male baby names in India are inspired by cricketers while parents tend to turn towards film stars for their female baby names.

Viacom18 aims to disrupt the status quo and encourage parents to look at a wider canvas comprising our women cricketers while choosing names for their baby girls. The campaign gives new parents baby girls’ names that will soon go down in history.

Search Hijack, conceptualized by 22feet Tribal Worldwide, makes girl name recommendations to new parents each time they run a search on Google. It uses Google’s retargeting feature to serve up an ad featuring Smriti Mandhana where she gives parents a glimpse of the trendiest names of stars from the future, being that of India’s most popular women cricketers.

“It is not just a wonderful feeling to be the face of this campaign by Viacom18 but also to throw weight behind the thought that drove it,” said India’s Vice Captain Smriti Mandhana.  “These are small steps towards big changes in the way we function as a society and I do hope that somewhere everything we do while wearing the India badge on-field will inspire the next generation of aspiring cricketers to come.”

“Our vision is to develop the WPL into the world’s biggest women’s sporting league. Search Hijack is one of the many efforts we are making along those lines, to grow awareness about our women cricketers and their exploits on the field which will make them household names,” said Viacom18’s Creative Head of Marketing, Shagun Seda. “Our aspiration is to popularize these names to an extent where ‘Smriti’ or ‘Mithali’ are just as much sought after names as ‘Sachin’ or ‘Rohit’ eventually.”

Vishnu Srivatsav, National Creative Director, 22Feet Tribal World Wide, said, "The launch of the WPL wasn't just a sporting event; it was the start of an era and a historic moment in sports made possible only by the endeavours of a long list of heroes. We wanted to celebrate these women in a way that ensures their legacy lives on. We realized that we needed to intervene at a moment that ensures their name is carried on—the moment when parents-to-be were searching for their baby's name. And so, the name search hijack was born.” 

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