Govt guidelines to deal a blow to surrogate advertising?

Ad experts say the new draft guidelines, if enforced, may hit surrogate advertising, and pose a challenge to agencies who, along with brands, can be pulled up in case of non-compliance

e4m by Neeta Nair
Published: Sep 16, 2020 8:33 AM  | 9 min read
Advertising

Almost each one of us has chuckled every time Imperial Blue’s ‘Men will be Men Music CDs’ ad has played on the screens, or hummed along with the ‘Ooolala la’ jingle of Kingfisher ‘calendars’. We may clearly not remember the music CDs or the calendars they seem to be advertising through these ads on mass media but it’s very hard to forget where a significant chunk of the revenues of the mother companies of these products come from — liquor sales. Now, as per the draft guidelines of the Consumer Affairs Ministry shared last week,  these allied goods or brand extensions may need to soon start contributing a little more to their coffers.

So the guidelines say: In judging whether or not a particular advertisement is an indirect advertisement for a product whose advertising is restricted or prohibited, due attention shall be paid to the following: (a) whether the unrestricted good or service which is purportedly sought to be promoted through the advertisement, is produced and distributed in reasonable quantities, having regard to the scale of the advertising in question, the media used, and the markets targeted.

As per media experts, India witnesses surrogate advertising to the tune of roughly Rs 600-800 crore across mediums annually, out of which 70 per cent has been on TV. The new government guidelines, which are in the draft stage currently, if enforced, may have a far reaching impact on the liquor, pan masala, gutka and tobacco industry’s advertisements. 

Sharing insights on the guidelines, Agnello Dias, Creative Chairman of Dentsu Aegis Network, said, “This is expected to change the game for the liquor, pan gutka, tobacco brands etc. Even earlier you needed to show a certain amount of production for these goods being advertised, so the companies made 50 or 100. But now the government will take a call on whether it is genuine or just for the sake of getting the ad out. So earlier they could get away by manufacturing a miniscule number, now they may not be able to.”

The Cable Television Network (Regulation) Act, 1995, prevents alcohol brands from advertising their individual products directly. So investing in surrogate advertising strategies or brand extensions is the answer — essentially using products with their brand name on non-alcoholic products. These products, of course, must genuinely exist and have tangible purchase or use to the audience. So many of these brands started advertising playing cards, golf accessories, mineral water or holidays to overcome the advertising barrier in the country.

Further on this, Anil Nair, CEO, VMLY&R, shared, “There used to be curbs on different levels as far as advertisements of these surrogate goods were concerned. Brands started self-censoring; one had to admit your age before entering alcohol websites; the mineral water and playing cards ads were pushed to slots later in the night. Sponsorships of major events by these liquor brands started happening through their surrogates. Of course ASCI supervised it. With the government revisiting these guidelines, the implementation would be stricter. The superficial surrogates like music CDs will have to make serious investments in those businesses and show them to be running up nice and proper for them to even advertise for those surrogates. This rule was always there, but now it will become tougher to infringe it with these guidelines.”

Some of these allied brands have their well justified business plans — like Kingfisher by UB Group has a mineral water business and earlier an airline; Wills Lifestyle brand by ITC has a well-defined product line and distribution. But how often have you seen a pack of cards in a toy shop named after an alcohol brand. Elaborating on that, Rohit Ohri, Chairman and Group CEO, FCB India says, “The basic issue is a lot of the smaller brands are really trying their best to advertise in bits and bobs, which then violates surrogate advertising norms. It is anybody’s guess how legitimate businesses are playing cards and music CDs by these brands. Yet Bacardi’s big music programmes like the Weekender which the brand has built over the last 10 years is legit. ASCI at the moment largely acts on complaints, these GOI guidelines will make them more vigilant. So these guidelines were already there as a code, but if it becomes a legislation it will be refreshing.”

Another interesting aspect of these GOI guidelines is that along with the brands and celebrities, agencies are also made stakeholders in the event an ad doesn’t meet the required conditions. “This is something that agencies need to be very careful about, because in the same way a celebrity can be held accountable, now agencies will also face that challenge. Nowadays celebrities actually hire firms to do the audit of the manufacturing process of the brands to be endorsed before they sign the contract. So just like them agencies need to be doubly sure about who they are making ads for here on,” Ohri explained.

Adding on to that Dias said, “Earlier the understanding was that the large multinational company’s legal team will handle it. This is the first time that the agency will get dragged into it. I personally feel it is unfair as the agency may not have the expertise to get to the bottom of the truth. So the agencies and celebrities may seek a separate indemnity agreement with the company that they’re creating an ad for, saying that the company indemnifies them from any kind of legality arising out of a technical product. It cannot change the law (if it gets enforced), but it can make the brand/advertiser responsible for whatever damages these two parties are going to undergo in case there is legal action.”

exchange4media reached out to a few liquor brands for a comment but they refused, most of them claiming that they don’t do surrogate advertising and the brand extensions they advertise are completely genuine. Many of these brands across the last year have begun to move their ad spends to the digital medium and OTT because of lesser restrictions. As per the AdEx India data by TAM Media Research, the biggest ad volume drop for surrogate ads was witnessed on TV (67%) and Radio (77%) during August 2019-July 2020 over August 2018- July 2019.

Source: Tam AdEx

Digital, on the other hand, saw a relatively lesser drop of 27% in the same period. Blenders Pride Fashion Tour by Pernod Ricard has been amongst the top 5 advertisers on TV, Radio, Digital and Print between August 2019 and July 2020. Also media agencies say, a lot of Pan Masala brands are not advertising on TV anymore.

Source: Tam AdEx

Ajay Gahlaut, former CCO, Publicis WW India, and the creative person behind Imperial Blue’s ‘Men will be Men’ ads says, “Alcohol advertising was not as stringent as cigarettes. Cigarette advertising is practically over, the only medium they can advertise on is the pack itself. You can’t have cigarette ads in Print or on TV. At most, you can put the branding on the shop which actually sells cigarettes. Alcohol brands, however, advertise for extensions like music CDs and glasses, though legitimate, everyone knows what they are really advertising.”

The notification seems like an obituary for surrogate advertising, says Sudhir Nair, Co-founder & CEO, 21N78E. “Brands falling under restricted categories have always used surrogate means to further the brand agenda and connect with consumers.  Be it by drawing a connect with music, on ground properties and events, subtle brand integrations or just by creating surrogate products that is meant to reference the restricted ones. Moral lens notwithstanding, agencies working on such brands were forced to think out-of-the-box and had to dig deep into consumer understanding and come up with ideas that can help establish the connect. It will be death of that too. It might push some brands to scale up their surrogate product in terms of its distribution and reach thereby making its advertising meet the compliance requirements. But don’t be surprised if you continue to see some exceptional work in terms of planning and execution that will exploit loopholes in this notification.”

Agnello Dias adds to that, “When you say a surrogate product, it is clearly not a real product with real mass media spends and real mass production but just an excuse to actually advertise the mother brand. When such brands advertise their tagline will obviously be pointing towards alcohol, but if you see the ad, in small print below the logo there will be some other product mentioned. That's the loophole. Even in the new guideline there is a word used called ‘reasonable’ quantities, now that is subjective and can be the window these brands are looking for.”

According to Manisha Kapoor, Secretary General, ASCI, “The draft guidelines for prevention of misleading advertisements, released by the Department of Consumer Affairs, will further enable creation of a more comprehensive regulatory framework to protect the Indian consumers. The guidelines are largely in sync with ASCI’s Code for Self-Regulation in Advertising. This bodes well for the consumers and the industry alike, as it will allow for easier compliance. We are thankful to the government for putting the draft guidelines in the public domain for consultation and working with the industry to finalize them. In the coming days, we are looking forward to closely working with the Department of Consumer Affairs to ensure that there is synergy with the industry and the guidelines are properly implemented, maintaining the highest standards in advertising.”

Commenting on the guidelines overall, Tarun Rai, Chairman and Group CEO, Wunderman Thompson, South Asia, says, “In today’s world of active social media, brands already are more aware and careful about the communication they put out. The backlash for irresponsible advertising is instant and can be very detrimental to the brand and marketer. However I found many of the guidelines open to interpretation which may create confusion. Finally, I believe self-regulation is always the better solution and we have a strong body in ASCI that does a pretty good job.”

The consumer affairs ministry has prepared the guidelines under the Consumer Protection Act and has put it in the public domain for comments from stakeholders. The norms, apart from the points on surrogate advertising, also includes key guidelines on treating non-legible disclaimers as misleading ads, making celebrities more accountable for their blogs and posts, imitation advertising, comparative advertising, bait advertising and puffery in advertising. The new guidelines if notified will present bigger challenges for the advertising watchdog ASCI. Though it wields enough influence on the industry, abiding by the ASCI code was largely voluntary, these guidelines from GOI however will be enforceable.

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In Swaraj Tractors’ new film, MS Dhoni talks about his love for farming

Dhoni’s strong connection with the farming community and understanding of the agricultural sector makes this partnership perfect, said the company

By exchange4media Staff | Jun 4, 2023 10:00 AM   |   1 min read

Swaraj Tractor

Mahendra Singh Dhoni (MS Dhoni) will now officially endorse Swaraj Tractors. 

His association with Swaraj Tractors will reinforce the brand’s commitment to provide innovative and reliable mechanisation solutions to farmers in India, said the company.

“MS Dhoni’s strong connection with the farming community and understanding of the agricultural sector makes this partnership perfect for the brand Swaraj. The announcement was made today, during the grand launch of Swaraj's highly anticipated range of Compact lightweight tractors, the "Swaraj Target," they said. 

MS Dhoni, commented, “Coming from a small town, farming is not far from our day-to-day life. I always found it fascinating. When I started spending more time at my farm during the pandemic, I realised we need farm mechanisation to save time and we need a powerful tractor to do the job. This led me to choose Swaraj and I am extremely happy with the product and now to be formally associated with it.”  

Rajesh Jejurikar, Executive Director & CEO Auto and Farm Sector at M&M Ltd., “We are delighted that someone like Dhoni who is into farming and is already using a Swaraj tractor in his farm, has decided to endorse the brand. We strongly believe that his endorsement will motivate young and progressive farmers towards adopting farm mechanisation.”

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Vedantu & dentsu creative India launch ‘The Everything Book’

The campaign aims to bridge the education gap in rural India

By exchange4media Staff | Jun 3, 2023 9:25 AM   |   3 min read

dentsu creative

Vedantu in partnership with DENTSU CREATIVE India has launched a campaign to address the absence of reliable connectivity that hampers the access for not only to online learning platforms but also to skilled teachers and valuable courses.

 

To address this challenge, Vedantu, in partnership with DENTSU CREATIVE India, has developed a patented network aggregator device nestled in a beautifully illustrated book titled, ‘The Everything Book’.

 

The device aims to bridge the connectivity gap by providing high-speed internet access to the most remote and disconnected parts of India. The goal is to provide children in these areas with a fair opportunity to access the education they rightfully deserve.

 

In an era where smartphones have reached even the remotest villages, the challenge of reliable connectivity still persists. This game-changing device operates as a portable network signal aggregator, capable of consolidating multiple data blocks from weak 2G mobile networks. By combining these fragments, it generates a strong ‘hyperspot’ that offers high-speed internet connectivity equivalent to 4G networks.

 

The concept of ‘everything’ represents the boundless nature of online learning. Additionally, the incorporation of a book element serves as a symbolic representation of the core purpose of this endeavour. Within the book, readers will find four inspirational stories, accompanied by captivating illustrations that depict the cultural heritage of the country. By employing various art styles, the aim is to create a sense of relatability and familiarity, encouraging more children to explore its contents. The book is an extraordinary amalgamation of art forms from across India. For the first time, the diverse styles of Avadhi, Rajput, Madhubani, Sikkimese Thangka, Pichwai, Chitrakathi, Kerala Mural, and Kalamkari have been united, showcasing the vibrant artistic traditions of the nation.

 

Pulkit Jain, Co-founder, Vedantu said, “We want to bring quality education to every child in the country, but without the internet, you cannot stream online courses. Children of rural India have so much potential which we’re losing out on because of a lack of supporting infrastructure. We worked with DENTSU CREATIVE to bring the idea ‘Everything Book’ alive to make sure quality learning reaches as many children as it could in our country.”


Aalap Desai, Chief Creative Officer, Creative Experience, West, DENTSU CREATIVE India added, “The Everything Book has the potential to democratise education in the country. It is simple to use, is portable, and can be easily held and moved around letting children who don’t even have a proper classroom to sit in, let alone proper books and resources, to study connect to the internet and stream the latest syllabus and learn from the best teachers at Vedantu.”

 

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MsChief unveils new brand film that empowers women to #ClaimYourPleasure

The film urges women in India to challenge the status quo

By exchange4media Staff | Jun 1, 2023 4:58 PM   |   1 min read

TTK healthcare

MsChief, TTK Healthcare’s sexual pleasure brand for women, has unveiled its all-new brand film, a poignant and unique take on the sexual pleasure landscape in India, specially when it comes to female pleasure. 

The new brand film traces the journey of five women from different walks of life who challenge the norm and shatter everyday stereotypes through their choices. At the beginning of the film, we see these empowered women breaking down walls when it comes to pay parity, dressing what is considered appropriate, getting married before the age of 25 and pursuing their careers after marriage. Mirroring society as it stands today, these women go beyond stereotypical gender norms. Claiming their identities and space, the women are finally faced with a wall that is often overlooked- the Pleasure Gap.

On the launch of the brand film, Vishal Vyas, AVP Marketing, TTK Healthcare comments, “MsChief rejects the idea that women should settle for diminished or muted pleasure. Today, women are forging ahead with milestones in all industries and fields, have broken barriers in terms of pay parity and education, but the pleasure gap is something which needs to be addressed equally openly. MsChief empowers women to claim their pleasure with their range of products, and the brand film reflects that.

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Springwel ropes in Boman Irani for new campaign

The series of ad films will talk about the effects of sleeplessness in daily life

By exchange4media Staff | Jun 1, 2023 2:29 PM   |   3 min read

Springwel

Springwel Mattresses has launched a new ad campaign #DhangSeSoyaHotaTohYeNaHota, featuring Boman Irani by introducing multiple innovations in products like Pure Ortho balance, Tru Comfort and Tru Love.

The three films starring Irani highlight how lack of proper sleep leads to absent-mindedness, embarrassment, and errors in the smallest of tasks. ‘Dhang se soya hota, toh ye na hota’, the catchphrase remarked by Boman Irani in the films, captures the brand messaging light-heartedly. The three films talk to three unique consumer cohorts and address their specific sleeping needs.

Sharing his thoughts on the association and the brand campaign, Ankit Kapoor, CMO and Operating Partner, Ananta Capital, said, “Springwel is constantly innovating and extending the technology prowess in the mattress industry of our country. This campaign highlights the need for proper sleep, and Mr. Irani’s portrayal as the central character adds credibility to the unique features that Springwel’s new innovations. We are delighted to collaborate with him and are confident that the consumers can relate to the daily nuances we project through each of our films. With that, we aim to play our part in solving the problem of lack of proper sleep in our country.”

Expressing his concern towards the rising cases of sleep deprivation in the country, Boman Irani said, “Through this campaign, I would urge people to consider the importance of good sleep and the role of the right mattress in addressing sleeping issues. I am thrilled to be part of this initiative, thought over so well, innovated and door-delivered by Springwel. Technologies like cleantech protection and pure orthopaedic benefits will ensure better & deep sleep for every Springwel consumer.”

Commenting on the same, Ashish Kharwatkar, Executive Creative Director, Enormous said, “Enhancing the quality of your sleep is paramount for overall well-being, and Springwel has embraced cutting-edge technological advancements to achieve that. Through relatable situations depicting the consequences of sleep deprivation, we've crafted an entertaining and lighthearted message of ‘Dhang ki neend’ - The perfect sleep, expertly delivered by the affable and iconic Actor, Mr. Boman Irani."

Sharing his thoughts on the association & the brand campaign, Ankit Kapoor, CMO and Operating Partner, Ananta Capital, said, “Springwel is constantly innovating and extending the technology prowess in the mattress industry of our country. This campaign highlights the need for proper sleep, and Mr. Irani’s portrayal as the central character adds credibility to this message. We are delighted to collaborate with him and are confident that the consumers can relate to each of these situations in the three films. With that, we hope we can make the consumer conscious of the role our mattress innovations can play in getting them good sleep."

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Creativeland Studio acquires London-based Creators Inc

The deal value exceeds UK £3 million

By exchange4media Staff | Jun 1, 2023 1:19 PM   |   3 min read

creativeland

Today, on its 16th anniversary, CLAN announced Creativeland Studio's acquisition of London-based Creators Inc – in a total deal value exceeding UK £3 million (three million pounds) to solidify its entry into international long and short content production and the expansion of CLAN's global footprint aligned to its vision of building a global creative super ecosystem.

Further, Creativeland Asia Network (CLAN) has launched Creativeland Studios to focus on the growth of its long and short-format cinema and tv content offering – focussing on creating, producing and distributing high-end films, documentaries, television series and audio content. 

With this acquisition, Creativeland Studios has consolidated ten active slates, including two titles in production and now will have over 50 titles in its pipeline. 

Creators Inc. is a unique long and short format production house with a roster of directors that includes Oscar, Emmy & BAFTA-winning directors such as Guy Ritchie, Cary Joji Fukunaga, Sarah Gavron, Philip Barantini, Colin Tilley, Mark Osborne and many others. 

Creators Inc., founded and led by Jani Guest, brings together award-winning industry specialists from advertising, film and television. Creators Inc. use various synergies across these industries to position themselves worldwide at the top of the production market across all formats. 

On the back of this acquisition – Creativeland Asia Network has begun its successful foray into CLA’s creative, technology, marketing & media services ecosystem to the global market.

Sajan Raj Kurup's vision for Creativeland Studios is to provide a platform for filmmakers and creators to express their vision and bring their ideas and unique stories to viewers. The acquisition of Creators Inc is a significant step in achieving that vision. With this new global acquisition – the possibilities are endless, and CLAN is ready to take on the entertainment world.

Sajan Raj Kurup, Founder & Chairman of CLAN, said, “At Creativeland Asia – we are on a passionate journey to create a formidable creative infrastructure for the new world where media, technology, creativity and humanity will come together to curate a more entertained life. The core strategic insight for this acquisition is to build on our ability to bring brands, content and talent together – through a consolidated platform. Today, more than ever before, we recognise that content plays a pivotal role in keeping us connected, informed and entertained.”

Jani Guest, Founder & CEO of Creators Inc, said, “Creators Inc. places its incredible directorial talent at the heart of the company. The partnership with Raj and CLA allows us to accelerate the development and production of stories - created by our talent - to entertain, move, and impact positive change. I could not have wished for a better partner as we move forward to achieve our shared visions and goals.”

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Sociowash renews digital mandate with multiple brands under Viacom18

The agency’s Mumbai team will amplify the YME cluster's social media presence across digital channels

By exchange4media Staff | Jun 1, 2023 1:17 PM   |   1 min read

Viacom18

Sociowash has renewed its digital mandate with Viacom18’s Youth, Music, and English Entertainment (YME) cluster.

They have been associated with the agency since January 2022 and have continued their partnership to upscale their strategies for the subsequent tenure. Sociowash will manage their social media strategy, campaign management, influencer marketing, and shoot management under this association.

YME cluster includes responsibilities for MTV Beats, Vh1, Colors Infinity, Comedy Central, KaanPhod, and Fully Faltoo. Sociowash, with its competence in digital and creative marketing, will manage its social media strategies, including 23 of its Instagram, Facebook, Twitter, and YouTube pages. The efficiency of its workforce will also concentrate on Analytics and reporting for its campaigns.

Speaking on the association, Raghav Bagai, Co-Founder of Sociowash, said, “The continuation of our journey speaks volumes of how successful the partnership has been in making them divergent from their competitors. The Sociowash team aspires to accomplish exceptional work and get recognised by winning numerous industry awards to maintain the soaring/high standards set in the past. We look forward to strengthening our association and making it more fruitful by helping the brands achieve their goals.”

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ITC Nimyle celebrates the ‘joy of clean floors’

The campaign has been conceptualized by Ogilvy

By exchange4media Staff | Jun 3, 2023 9:25 AM   |   2 min read

ITC

The floor is a child’s first playground. From crawling to taking their first steps, to creating memories as they grow, floors have been a comfort zone for all kids. While parents take steps to create a safe environment for kids, ITC Nimyle celebrates the joy and satisfaction of clean floors that can be a happy safe space for kids, with their newly launched campaign film with ‘Nimyle Farsh hai, Khushiyon Ka Farsh’.

Conceptualized by Ogilvy, the endearing film highlights the fact that children spend an ample amount of time indulging in activities on floors.
Commenting on the campaign, Sameer Satpathy, Chief Executive, Personal Care Products Business Division, ITC Limited said, “Floors are often playgrounds for many, especially for children. The expression of unbridled enthusiasm, happiness and energy is more often on floors in a protected home environment. To keep floors clean and safe is extremely important and Nimyle with the power of neem enables clean and hygienic floors for all.”

Kainaz Karmakar and Harshad Rajadhyaksha, CCOs, Ogilvy India, said, “The floor beneath our feet is such a taken-for-granted space, which usually finds mention in this category of advertising only functionally. With Nimyle, being natural at root and warm as a brand, we laddered up this functionality of the safety of our clean floors, to the emotionality of what those clean, safe floors mean, especially for childhoods to flourish on them. For such a sweet idea, we are so happy with the way our film director, Afshan, has brought out this correlation between clean, safe floors being a part of healthy, wholesome childhoods.”

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