Last Updated on July 17, 2024 5:51 pm

 How Surrogate Advertisement Shapes Public Perception?

 How Surrogate Advertisement Shapes Public Perception?

In an era where advertising shapes public perception and influences consumer behaviour, surrogate advertisement emerges as a sophisticated strategy, cloaking restricted products under the guise of seemingly unrelated commodities. This form of advertising not only challenges regulatory boundaries but also raises significant ethical questions. By leveraging products and services that are permissible to advertise, companies ingeniously promote their restricted items, thereby circumventing the robust regulations and standards set by the council and government. The importance of understanding surrogate advertisement lies not only in its impact on consumer choices but also in its implications for public health and societal norms.

The article delves into the concept of surrogate advertising, outlining its legal and ethical landscape to better comprehend its intricacies. Through examples and analysis, it explores how companies employ this advertising tactic, navigating through the restrictions imposed by government regulations. It also evaluates the effects of surrogate advertising on brand image and consumer perception, offering insights into how this form of advertising shapes market dynamics. Finally, the discussion extends to future directions, proposing solutions that could enable a balance between creative marketing practices and the need to uphold public interest standards.

Surrogate advertising is a marketing strategy used to promote products that are banned or have restrictions on advertising due to government regulations. This form of advertising typically involves the promotion of another product produced by the same company, which is not subject to the same restrictions. The primary goal is to maintain brand recall and awareness among consumers. For example, a company known for its alcoholic beverages might advertise a branded soda or mineral water, thereby indirectly keeping its liquor brand in the public eye.

Unlike traditional advertising, which directly promotes the product intended for sale, surrogate advertising cleverly skirts legal constraints by advertising a different, often related product. This method ensures that the brand name remains visible without breaching advertising bans. The surrogate product could range from music CDs, club soda, or Elaichi(cardamom)  which might not even be available for sale, serving purely to remind consumers of the main brand. By presenting attractive models, glamorous settings, and aspirational scenarios, Surrogate advertisements create an illusion of desirability and exclusivity around the brand. This can lead consumers to subconsciously associate the advertised product with positive emotions and experiences and as a result, public perception may be influenced into perceiving these substances as more socially acceptable than they actually are.

The concept of surrogate advertising originated in Britain, where public protests against liquor advertisements led to advertising bans. To sidestep these restrictions, companies began promoting alternative products like fruit juices and soda under the same brand. This practice has since evolved and spread globally, adapting to various legal landscapes. For instance, in Canada during the late 1980s, tobacco companies, restricted from direct product advertising, started sponsoring events under corporate names that mirrored their product brands. In the year 1975 the Indian government introduced the cigarette advertising act forcing companies to display health warnings on packaging and advertisements and just to sidestep this act a hero move was played by the “Azad Biri” company which started sponsoring international cricket matches.

This strategic approach allows brands to navigate the complex web of advertising regulations while keeping their products in the public discourse, albeit indirectly. Surrogate advertising, a marketing strategy that promotes restricted products through the guise of another, has stirred a significant debate regarding its ethical and legal standing. This section delves into the global regulations that govern such advertisements, highlights case studies reflecting the impact of laws on advertising practices, and explores the ethical concerns this form of advertising raises.

Countries around the world have taken varied stances on surrogate advertising, with some enforcing stringent regulations while others adopt a more lenient approach. For instance, in India, surrogate advertising came under scrutiny when the Consumer Affairs ministry issued notices to several alcohol and tobacco brands for violating advertising guidelines. This action was based on the new guidelines under the Consumer Protection Act, 2019, which for the first time defined “surrogate advertisement” and imposed heavy penalties for violations. Similarly, the Advertising Standards Council of India (ASCI) which is headquartered at Mumbai mandates that product extensions must be genuine and have a significant sales turnover or asset investment to be advertised Moreover, the effectiveness of advertising laws has always been questioned, especially considering their impact on children. Studies suggest that children, who are direct targets of some advertisements, lack the cognitive tools to evaluate what is being sold to them, raising concerns about the ethicality of such practices.

The debate around surrogate advertising underscores the need for a balanced approach that respects creative marketing practices while protecting consumer interests and public health. Strengthening regulatory frameworks and enhancing enforcement mechanisms, coupled with corporate responsibility, are crucial steps toward addressing the ethical and legal challenges posed by surrogate advertising.

Surrogate Advertisement Effect on Consumer Perception and behaviour

Surrogate advertisements significantly influence consumer perception and behavior. They generate top-of-mind recall for the primary, restricted product by associating it with a surrogate product available in the market. For instance, the advertisement of Bagpiper soda triggers memories of the brand’s alcoholic beverages, affecting consumer buying decisions. This strategy not only keeps the brand alive in public memory but also subtly encourages consumers towards the primary product, impacting market dynamics and individual choices. Industry experts have mixed opinions on surrogate advertising. Some view it as a necessary evil, allowing brands to navigate advertising restrictions while maintaining brand presence. Others criticize it for exploiting legal loopholes and misleading consumers. For example, the case of Bollywood superstar Amitabh Bachchan withdrawing from a surrogate ad for a Pan Masala brand after signing deal and completing the ad-shooting with Kamla Pasand Pan Masala sparked a debate on the ethics of such advertisements. Sam Balsara, Chairman of Madison World, remarked that surrogate advertising is not ethically correct, highlighting the dilemma faced by brands in promoting restricted products. On the other hand, some experts argue for a more objective approach, questioning why the manufacturing and sale of ‘sin products‘ are allowed if their promotion is banned.

This technique is often employed in markets where direct advertising of certain products is restricted or banned. In India, for instance, advertisements for alcohol and tobacco are prohibited. As a result, companies in these industries have turned to surrogate advertising to indirectly promote their brands. This method allows them to stay within legal boundaries while still reaching their target audience. Some of the top companies in India known for using surrogate advertising include:

1.  United Spirits Limited (USL)

United Spirits Limited (USL), a subsidiary of Diageo plc, is one of the largest spirits companies in India. To navigate the advertising restrictions, USL has employed surrogate advertising to promote its alcohol brands. For example, the company has marketed products such as mineral water, soda, and music CDs. These items serve as a front for their alcoholic beverages, allowing the brand to maintain visibility in the market. By associating their alcohol brands with everyday products, USL ensures that their brand name remains familiar to consumers, even if the actual product cannot be advertised directly.

2.  Kingfisher

The Kingfisher beer brand is well-known for its creative use of surrogate advertisements. Kingfisher has promoted its beer through various means such as airlines, mineral water, and fashion events. For instance, Kingfisher Airlines, although now defunct, was a significant surrogate for the beer brand. The airline’s branding and in-flight services subtly reminded passengers of the Kingfisher beer. Additionally, Kingfisher has sponsored fashion events and launched a line of mineral water, all of which help keep the brand in the public eye without directly advertising the beer.

3.  Royal Challenge

Another popular liquor brand that has used surrogate advertising extensively in India is Royal Challenge. The company has promoted music CDs and lifestyle accessories while indirectly promoting its alcoholic beverages. By associating their brand with music and lifestyle products, Royal Challenge creates a sophisticated and trendy image. This strategy not only keeps the brand name relevant but also aligns it with a particular lifestyle, making it more appealing to their target audience. The use of music CDs, in particular, allows the brand to tap into the cultural fabric of India, where music plays a significant role.

4.  Bagpiper

Bagpiper, a popular whiskey brand in India, has resorted to surrogate advertising by sponsoring music concerts and events without directly referencing its alcoholic products. These sponsorships allow Bagpiper to maintain a presence in the market and engage with consumers in a meaningful way. By associating with music concerts and events, Bagpiper taps into the entertainment industry, which has a broad and diverse audience. This strategy helps the brand to stay relevant and maintain its market share, even in the face of advertising restrictions.

5.  Vimal Pan Masala

While not related to alcohol, Vimal Pan Masala falls under the category of products that cannot be directly advertised due to regulations on tobacco-related promotions. Vimal Pan Masala has been known for using indirect advertisements by associating with sports events, social causes, and lifestyle promotions. For example, the brand has sponsored cricket tournaments and other sports events, which are immensely popular in India. By aligning itself with sports and social causes, Vimal Pan Masala creates a positive brand image and reaches a wide audience without directly advertising its product. This brand has been promoted by some of the biggest and expensive bollywood stars including Ajay Devgn, ShahRukh Khan, Akshay Kumar and Tiger Shroff.

6. Betting Apps

Many betting websites who disguised themselves as sporting blogs or sportswear brands use extensive surrogate advertisement practices to lure visitors on their main website. This practice includes signing famous celebrities to promote their services, heavily advertising on social media, Youtube channels and adult entertainment sites. Some of the betting companies which are still using this practice are 1XBET FairPlay and BetWay with the first one being headquartered in Cyprus and the other two headquartered in Malta.

The Common thing about this platform is their registered country location and it is so because both Malta and Cyprus have been known as popular locations for setting up online gambling operations due to their relatively lenient regulatory environments. This allows illegal operators to exploit loopholes and operate without proper licensing or oversight.

Debate on surrogate advertisement

The debate on surrogate advertising underscores the need for a balanced approach that respects creative marketing practices while protecting consumer interests and public health. Strengthening regulatory frameworks and enhancing enforcement mechanisms, coupled with corporate responsibility, are crucial steps toward addressing the ethical and legal challenges posed by surrogate advertising.

While surrogate advertising offers a pathway to navigate advertising restrictions, it also presents several risks and challenges. One of the primary concerns is the ethicality of the practice. By promoting a product that serves as a stand-in for a restricted item, companies might be perceived as exploiting legal loopholes, which can lead to public backlash and damage the brand’s reputation. Furthermore, the effectiveness of surrogate advertising in genuinely increasing sales of the restricted product is debatable. The strategy primarily aims at brand recall rather than directly boosting sales, which may not always translate into increased revenue for the restricted product. Additionally, marketers must navigate the complex legal landscape carefully to avoid penalties for non-compliance with advertising regulations.

The response to surrogate advertising from the public and consumer advocacy groups is mixed. Some consumers appreciate the creativity behind surrogate advertisements and continue to support their favorite brands. However, others view the practice as unethical, believing that it undermines laws designed to protect public health and consumer interests. Consumer advocacy groups have raised concerns about the impact of surrogate advertising on vulnerable populations, such as children, who may be indirectly exposed to age-restricted products. These groups advocate for stricter regulations and transparency in advertising to ensure that consumers can make informed decisions. The debate over surrogate advertising highlights the need for a balanced approach that respects both innovative marketing practices and the well-being of the public.

As the landscape of advertising continues to evolve, particularly within the realm of surrogate advertising, it becomes imperative for brands, regulators, and consumers to adapt and embrace new paradigms. This section explores the future directions and innovative solutions that could shape the ethical and effective practice of surrogate advertising. The future of surrogate advertising hinges on the balance between creativity and ethical practice, the integration of technology, and the establishment of robust regulatory frameworks. By embracing these directions and solutions, the advertising industry can navigate the complexities of surrogate advertising while upholding consumer interests and public health.

Conclusion

Throughout this exploration of the intricacies and impacts of surrogate advertising, we have uncovered how brands cleverly navigate the murky waters of advertising restrictions to keep their restricted products in the public eye. The ethically ambiguous territory of surrogate advertising not only questions the effectiveness of regulatory frameworks but also highlights the creative resilience of marketers in sustaining brand visibility and consumer engagement. Drawing from various case studies and examples, this discourse bridges the understanding of surrogate advertising’s legal, ethical, and societal implications, encouraging a broader reflection on consumer protection and corporate responsibility.

Navigating forward demands a collective effort to refine advertising ethics and practices, reinforcing the need for a balanced approach that nurtures innovative marketing while safeguarding public interest and health. The significance of this discussion extends beyond mere academic or professional contemplation; it calls for an actionable revaluation of policies and practices. As such, the future directions and solutions proposed aim to inspire advertisers and regulators alike to foster transparent, responsible, and ethically sound advertising landscapes. It is a call to action for all stakeholders to engage in ongoing dialogue, adapt to evolving advertising paradigms, and commit to practices that prioritize the well-being of consumers and the integrity of brands in equal measure.

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