A soda ad that doesn’t look like a soda ad at all. An ad for cardamom seeds that hints at a completely different product. An ad for a music CD that never mentions music.

India’s airwaves are filled with ads that say one thing and mean another. The practice has a name, a long legal history, and a growing list of penalties associated with it. Here’s what surrogate advertising really is and how the law now deals with it.

What Is Surrogate Advertising?

At its core, what is surrogate advertising? It’s a sophisticated marketing strategy that’s typically used to promote products that are legally prohibited or heavily restricted from direct public advertising, most often involving alcohol and tobacco.

Because laws prohibit these brands from telling you to buy their products directly, they pivot. They launch a “surrogate” product, such as mineral water, soda, mouth freshener, or music CDs, using the same brand name, logo, and visual identity.

The goal isn’t really to sell you the water or the CD; it’s to keep the brand name at the top of your mind so that when you stand in front of the shelf in the store, you instinctively reach for a bottle of liquor that shares the same branding.

The viewer sees the familiar logo and colors and makes the connection on their own. The advertiser never has to say the forbidden word out loud. That really sums up the question of “what is surrogate advertising.”

Why Do Companies Use Surrogate Advertising?

The ban on direct advertising of alcohol and tobacco was intended to curb the impact of these products on public health, but surrogate advertising by these same companies defeats the purpose of that ban.

Alcohol and tobacco brands cannot run regular television campaigns for their core product. Without their regular marketing channels, these industries rely heavily on surrogate marketing because of how effective it is in building brand awareness and recall among consumers. The costs remain high. The visibility remains high. The legal product on screen simply becomes a stand-in for the person who is actually paying the bill.

Surrogate Advertising Examples

When you know what to look for, examples of surrogate advertising are easy to spot. Tuborg Club Soda is one of the most cited examples. Tuborg is in the liquor business but promotes itself in India through club soda advertising.

Imperial Blue is another classic example of surrogate advertising in India. Since the brand cannot directly advertise its whisky, it has long promoted music CDs and entertainment-related products. Viewers see the familiar Imperial Blue branding and automatically make the connection, even though the ad never mentions alcohol.

Kingfisher has adopted a similar strategy by promoting packaged drinking water and soda under the same brand identity as its beer business. The ads focus entirely on legal products, but the colors, logo, and brand name ensure that consumers continue to associate the campaign with Kingfisher beer.

Vimal Elaichi has also garnered attention for its high-profile campaigns featuring celebrities and glamorous storytelling. Basically, their entire advertising campaign is technically for Elaichi products. But many people criticize that they use the same established brand name and image to help maintain visibility for the company’s pan masala business.

There are many more, but these are the most common examples of surrogate advertising that you see in your daily life.

Is Surrogate Advertising Legal in India?

The short answer is no, not in a direct form. Surrogate advertising in India came into the limelight in the mid-1990s, when the Cable Television Networks Act, 1995, read with the Cable Television Rules, 1994, banned direct advertising of liquor, tobacco and cigarettes.

Section 3.6 of the ASCI Code states that advertisements of products prohibited or restricted by law should not be avoided by presenting them as advertisements of other, unrestricted products. This practice has been formally banned under the Central Consumer Protection Authority guidelines since 2022.

There is one major exception. Simply using a brand or company name that could also be applied to a restricted product does not in itself violate the ASCI Code, unless the advertisement is otherwise objectionable. Genuine brand extensions still get some legal space. Direct surreptitious advertisements do not.

What Are the Rules and Regulations Governing Surrogate Advertising?

The Central Consumer Protection Authority supplemented the ASCI Code with guidelines for preventing misleading advertisements and endorsements framed under the Consumer Protection Act in 2022.

Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 prohibits direct and indirect advertisements of tobacco products separately.

The CCPA can impose a fine of up to ten lakh rupees on a first violation, which goes up to fifty lakh rupees for a repeat offence, and can debar the endorser from giving any endorsement for a period of one year, which can be extended to three years for a repeat offence.

Impact of Surrogate Advertising on Consumers and Brands

Surrogate advertising can bypass regulation by exploiting legal loopholes and literally control consumer perception, and it can normalize unhealthy habits and behaviors that contribute to addiction and related health problems.

Even 14- or 15-year-olds have been shown to be influenced by these ads, raising real questions about the narratives used and whether they are quietly leading young viewers to drink alcohol.

For brands, the calculus is different. Recalls remain strong, sponsorship visibility remains strong, and legal risk is considered a manageable expense. For regulators, every cricket season and music festival becomes a new test of how long the loopholes can last.

Read Next: Outdoor Advertising: Types, Benefits & Why It Works Great in 2026

Conclusion

Surrogate advertising in India has endured because banned products still need a way to remain visible and are highly valuable for brand recall. India’s regulatory bodies continue to tighten the rules around sponsorships, brand extensions and celebrity endorsements linked to banned products.

The surrogate product on screen will continue to change. Today it’s soda, cards and CDs. Tomorrow it’ll be something else. But the legal goal behind every one of those ads has remained exactly the same since the ban began in the 1990s.

Togwe is a sports-focused creative and technology partner that helps brands grow through sports app development, sponsorship management, content creation, video editing and high-impact ad campaigns.