{
  "id": 2003527,
  "title": "Due diligence: On surrogate advertising",
  "url": "https://urgent.news/2026/08/19/due-diligence-on-surrogate-advertising",
  "topic": "health",
  "section": "Health & Medicine",
  "published": "2026-08-19T19:40:42.000Z",
  "source": {
    "name": "The Hindu Health",
    "slug": "the-hindu-health",
    "url": "https://www.thehindu.com/opinion/editorial/due-diligence-on-surrogate-advertising/article71365211.ece"
  },
  "original_language": "en",
  "account": "Maharashtra's Food and Drug Administration (FDA) Commissioner Tukaram Mundhe is taking steps to disrupt the marketing strategies employed by manufacturers through surrogate advertising. This approach aims to address the issue of consumer goods advertising, which has been plagued by an imbalance, with the individuals responsible for persuasive power often not facing the economic repercussions of consuming certain products. This imbalance is exacerbated by the lack of critical evaluation and inequities in India's public healthcare system. Although the FDA must substantiate its suspicions, particularly in the case of Vimal Elaichi, a product endorsed by celebrities such as Shah Rukh Khan, Ajay Devgn, and Tiger Shroff, it remains to be seen whether the FDA can effectively implement its plan. The Delhi High Court's decision in DGHS vs Som Pan Product Pvt. Ltd. (2024) has established that the state must prove a case of surrogate advertising, leaving both the FDA and manufacturers grappling with the complexities of the Cigarettes and Other Tobacco Products Act (COTPA) Rules. While the FDA's efforts are commendable, it must ensure that its actions are in line with the provisions of the Food Safety and Standards Act 2006. The issue at hand is not limited to tobacco products, but also extends to other consumer goods that make unsubstantiated claims, as well as educational and financial products. The endorser liability created by the Consumer Protection Act 2019, coupled with hefty financial penalties, has already reduced celebrities' capacity to claim ignorance of a manufacturer's intentions. Consequently, the FDA's decision to have celebrity endorsers explain their decision-making is a logical step towards enforcing the principle of fair advertising practices. However, India's regulatory landscape is highly fragmented, with various Acts and Rules governing different aspects of advertisement. Consequently, problematic advertisements often rely on legal and administrative instruments to gain the judiciary's intervention. The FDA's actions could either curb the exploitation of surrogate advertising or contribute to the very practices it aims to eliminate.",
  "summary": "Curbs on surrogate advertising must avoid regulatory overreach",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}