Adman Sandeep Goyal seeks government grip on surrogate ads in High Court battle

HighlightsSandeep Goyal, managing director of Rediffusion Brand Solutions, has filed a Public Interest Litigation in the Punjab and Haryana High Court advocating for a government-led regulatory body to address surrogate advertising issues. The petition highlights violations of key regulations, including the Cable Television Network Rules of 1994 and the Cigarettes and Other Tobacco Products Act of 2003, citing examples of surrogate advertising from prominent brands like Vimal Elaichi and Pan Bahar. The Punjab and Haryana High Court has acknowledged the petition, issuing notices to the Central Government, Central Consumer Protection Authority, and Central Board of Film Certification, indicating serious public health concerns related to misleading advertising practices.
In a significant legal challenge, veteran adman
Sandeep Goyal
, the managing director of
Rediffusion Brand Solutions
, has filed a
Public Interest Litigation
(PIL) in the
Punjab and Haryana High Court
, urging for a direct government-led regulatory body to curb the pervasive issue of
surrogate advertising
. The petition, currently under the scrutiny of Chief Justice Sheel Nagu and Justice Sumeet Goel, contends that existing self-regulatory frameworks are insufficient and too sluggish to combat the real-time impact of these misleading promotions.
Goyal, who has consistently refused to work with tobacco and alcohol brands since their
advertising
was banned in India, asserts that he holds no personal or financial stake in the outcome. His PIL highlights what he describes as blatant violations of crucial regulations, including the Cable Television Network Rules 1994, the Cigarettes and Other Tobacco Products Act 2003, and the CCPA Guidelines on Misleading Advertisements 2022.
The petition specifically points to prominent examples of alleged surrogate advertising, citing brands like Vimal Elaichi, Rajshree Silver Coated Elaichi, and Pan Bahar. These ads, often featuring well-known celebrities, are frequently seen during prime-time television slots and high-profile events such as IPL broadcasts. Goyal argues that such promotions subtly endorse restricted products, misleading consumers and contributing to a growing public health crisis, particularly among young people. "The country is undergoing a health crisis wherein the youth of the nation is getting addicted to alcohol and tobacco at a tender age," the petition states, emphasizing how
celebrity endorsements
"glamorize" and "validate" the consumption of these products.
The PIL underscores the ineffectiveness of current industry self-regulation, including the
Advertising Standards Council of India
(ASCI), in adequately reining in these deceptive practices. Goyal's petition, argued by advocate Aadil Singh Boparai, seeks strict enforcement of existing laws and guidelines. Crucially, it calls for a more robust, government-led mechanism to actively supervise all advertising content.
The High Court has taken cognizance of the matter, issuing notices to the central government, the Central Consumer Protection Authority (CCPA), and the Central Board of Film Certification (CBFC). This move signals the judiciary's recognition of the potential public health implications of unchecked surrogate advertising, setting the stage for a significant legal debate on the future of advertising regulation in India.

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