The Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022, recently released by the Department of Consumer Affairs, stamped down very heavily on surrogate advertising by stating upfront that, “No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law”. But the rules left the door wide open by also saying that, “ … mere use of a brand name or company name which may also be applied to goods, product or service whose advertising is prohibited or restricted shall not be considered to be surrogate”. Now what does
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