Surrogate marketing in India has become a significant public health concern in recent times. Stricter regulations, increased public awareness, and international collaboration are essential to mitigate its impact.
When excitement runs high in a cricket stadium, the advertisements for some innocuous products such as mouth fresheners and soda dominates the airwaves. Scratch beneath the surface, these ads reveal another reality; these ads are not selling cardamom-flavoured delights or soda or music CDs—they are thinly veiled faces of the tobacco and alcohol industries which are responsible for millions of deaths worldwide. Surrogate marketing has come into focus recently in the wake of a Ministry of Health directive to the Board of Control for Cricket in India (BCCI) and Sports Authority of India. The Ministry has asked both to implement steps to prevent athletes from engaging in surrogate marketing of alcohol and tobacco products.
Surrogate marketing has come into focus recently in the wake of a Ministry of Health directive to the Board of Control for Cricket in India (BCCI) and Sports Authority of India.
Tobacco and alcohol form a large part of non-communicable diseases in India, where tobacco consumption alone accounts for more than 1 million adult deaths every year. The economic burden of tobacco is huge: it has been estimated at 1.04 percent of India's GDP. And with more than 15 percent of the Indian Premier League (IPL) 2024 advertisement volumes occupied by Pan Masala brands and them spending over INR350 crore, their reach is nothing less than staggering; the need for stricter regulations is more urgent than ever.
High-profile litigation in India's fight against surrogate marketing has revealed how companies deceive customers to keep harmful products in the market. Patanjali Ayurveda's promotion of unverified COVID-19 remedies has elicited a deluge of negative responses and a Supreme Court plea from the Indian Medical Association. On the other hand, the court allowed Dilbagh Pan Masala and others to continue the advertisement on the ground that it did not come within this prohibited category. It also sustained a Food Safety and Standards Authority of India (FSSAI) regulation that mandates 50 percent of the front-pack of pan masala packages carry health warnings.
Even celebrities like Akshay Kumar and Shah Rukh Khan were issued government notices for endorsing gutka products, which gave rise to public backlash and a debate on the ethical responsibilities of public figures while picking their endorsement choices.
Figure 1: The Business of Deception; Compiled by Author from (1), (2), (3)
Apart from cardamom, the use of areca nut, a known carcinogen associated with oral cancers, as a substitute for tobacco in pan masala products, is rampant. 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 1 shows the dominance of pan masala brands in IPL advertising and the imprint they make on in-stadia advertising and online media.
The complexity of surrogate advertisement rests in legislation; therefore, at the centre is the Cigarettes and Other Tobacco Products Act (COTPA), 2003, which forbids any form of tobacco advertisement. Companies get around that by advertising non-tobacco products with the same brand name. Clause 3, sub-clause 6, of the Advertising Standards Council of India (ASCI) laid down guidelines that insisted ads do not resemble the restricted products at all and that the Central Board of Film Certification (CBFC) preview these advertisements, the companies still do manage to find legal loopholes to bypass this.
Additional statutory provisions also govern surrogate ads. Obscene advertisement, which includes gambling is punished under Section 292 of the Indian Penal Code, 1860. The Indian Contract Act, 1872, Section 23, agreements with unlawful objects, especially in wagering. The Foreign Exchange Management Act, 1999, forbids Foreign Direct Investment (FDI) in gambling and betting industries. The Consumer Protection Act, 1986 classifies the advertisement of betting through contests as unfair trade practices.
The Consumer Protection Act, 1986 classifies the advertisement of betting through contests as unfair trade practices.
There are plans by the Indian government to introduce new regulations, including increasing the fine to INR50 lakh, and a one to three-year ban on endorsements of alcohol and tobacco products. On 16 February 2024, a stakeholder consultation was conducted by the Department of Consumer Affairs along with ASCI, wherein the representatives of the CBFC, the Ministry of Information and Broadcasting, and the Trademark Authority discussed surrogate advertising.
The health repercussions of surrogate marketing are serious in nature and concern children, adolescents, and young adults. The Indian Council of Medical Research (ICMR) affirms that 80% of the world's deaths due to smokeless tobacco (SLT), happen in India, where more than 200 million adults use the same products. Oral cancer comprises almost 30 percent of India's total burden of cancer, much of it attributed to SLT. Although there has been a welcome decline in tobacco use among men from 45 percent in NFHS-4 (National Family Health Survey) to 39 percent in NFHS-5, it is still high in rural areas (43 percent).
An ICMR study found that surrogate SLT brands dominated 41.3 percent of total advertisements in the ICC Men's Cricket World Cup 2023, with Vimal and Kamla Pasand leading the way. These were strategically placed during high-viewership matches—especially those involving South Asian teams—thereby, normalising harmful products in the public eye.
Surrogate marketing permeates beyond traditional media into environments where a younger audience is more susceptible. The World Health Organisation (WHO) advocates advertising bans—like Norway did, with a subsequent fall in alcohol consumption. China has also recently started implementing bans on the production, consumption and marketing of areca nuts in any form. In India, however, 38.5 per 100,000 die due to alcohol consumption, compared to 16.1 per 100,000 in China, and surrogate ads tear away at public health despite a fall in the use of alcohol among men from 29 percent to 22 percent (NFHS 4 & 5).
China has also recently started implementing bans on the production, consumption and marketing of areca nuts in any form.
A recent study in nutrition labels found high-fat, sugar, and sodium products being labelled as "natural" in a clear case of misleading customers and that most claims flout rules set by FSSAI. A 2019 survey has claimed that 56 percent of tobacco consumers were not aware of surrogate ads; and, more than 70 percent were getting influenced by them. Health Activist Revant Himatsingka, popular as Foodpharmer, has come into the limelight with his campaign “Label Padhega India” for closer scrutiny of food labels. What brought him into the public eye was a viral video exposing the high sugar content of a popular energy drink. With rising oral cancer rates and deceptive advertising that never slows down, stronger regulations, enforcement, and public awareness are urgently required.
The surrogate advertising problem continues to be a sticking point in public health; therefore, the policies need to be tightened without delay. Key recommendations for a more robust regulatory environment are as below:
1. Enhancing the current legislation and closing loopholes:
2. Ensuring accountability:
3. Regulatory oversight:
4. Boost public awareness and education:
5. Promote international collaboration:
Advertisers must specify the exact nature of their product in every advertisement. In case they fail to do so, non-complying units would have to run compulsory health warnings on their surrogate ads. Advertising restrictions need to cover through extension proxy sports betting, health supplements, and gym products. The ministry can also develop a certification and verification course for health content creators, similar to what SEBI did in its attempt to deal with the problems created by financial influencers.
The country now looks to the government to streamline regulations, close loopholes, and enforce stricter penalties. Celebrities and influencers must also disengage from harmful endorsements and act responsibly for public health. Together, India can protect its future generations and ensure a healthy society.
KS Uplabdh Gopal is an Associate Fellow with the Health Initiative at the Observer Research Foundation.
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Dr. K. S. Uplabdh Gopal is an Associate Fellow within the Health Initiative at ORF. His focus lies in researching and advocating for policies that ...
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