Sandeep Goyal takes surrogate ads to court, seeks stricter government oversight

In a significant move to curb the growing menace of surrogate advertisements promoting alcohol and tobacco, veteran adman Sandeep Goyal has filed a Public Interest Litigation (PIL) petition in the Punjab and Haryana High Court. The petition seeks strict enforcement of existing laws aimed at safeguarding public health—particularly that of youth.

A bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel has issued notices to the central government, the Central Consumer Protection Authority (CCPA), and the Central Board of Film Certification (CBFC) in response to the petition.

Goyal, a 62-year-old Chandigarh resident and Managing Director of Rediffusion Brand Solutions Private Limited, has long opposed surrogate ads and has refused to work with tobacco and alcohol brands since their advertising was banned in India. His petition cites blatant violations of the Cable Television Network Rules 1994, the Cigarettes and Other Tobacco Products Act 2003, and the CCPA Guidelines on Misleading Advertisements 2022.

The petition, argued by advocate Aadil Singh Boparai, highlights prominent examples of alleged surrogate advertising—including spots for brands like Vimal Elaichi, Rajshree Silver Coated Elaichi, and Pan Bahar—that aired on primetime TV, including IPL broadcasts. These celebrity-endorsed promotions, Goyal argues, mislead consumers and glamourize restricted products, fueling a public health crisis.

“The country is undergoing a health crisis wherein the youth of the nation is getting addicted to alcohol and tobacco at a tender age. It is submitted that the advertisements, which use renowned celebrities to advertise their product, not only promote the consumption of alcohol and tobacco but also validate their consumption through glamorous portrayal of alcohol and tobacco products,” the petition states.

The petition underscores the ineffectiveness of current self-regulatory frameworks, including those of the Advertising Standards Council of India (ASCI), in curbing misleading promotions. Goyal calls for a more robust, government-led regulatory mechanism to oversee advertising content.

Reliefs Sought in the Petition:

• A writ of mandamus directing enforcement of the ASCI’s Code for Self-Regulation in Advertising.
  
  
• A writ of mandamus directing implementation of the CCPA’s 2022 Guidelines for Prevention of Misleading Advertisements and Endorsements.
  
  
• A writ of mandamus for enforcement of the Cable Television Network Rules 1994.
  
  

Goyal contends that existing redressal mechanisms are too slow to counter the real-time impact of such ads, which continue to reach large audiences before any regulatory action is taken. He also draws on Supreme Court and high court observations calling for stronger regulatory oversight in the advertising sector.

The court has acknowledged the petition and issued notices to the relevant authorities. Further proceedings are awaited.