The Hindu Editorial • August 20, 2026 • Read Original

Due diligence: On surrogate advertising

Curbs on surrogate advertising must avoid regulatory overreach

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The Hindu Read Original

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Analysis of editorial from The Hindu newspaper on August 20, 2026

Due diligence: On surrogate advertising

Curbs on surrogate advertising must avoid regulatory overreach

Politics and Governance Surrogate AdvertisingCOTPAConsumer Protection ActCelebrity EndorsementsFood and Drug AdministrationPublic Health

Sentences

Sentence 1 of 14

English Original

Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe’s attempts to disrupt the marketing chain, by targeting the celebrities who prop up the brand recall of manufacturers’ products, is an encouraging counterpoise to the consumer goods advertising landscape of today.

Sentence Breakdown

Part 1

Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe’s attempts to the marketing chain,

The efforts by Maharashtra FDA chief Tukaram Mundhe to break the advertising network of companies,

Part 2

by targeting the celebrities who the of manufacturers’ products,

by taking action against famous stars who help people easily remember company brand names,

Part 3

is an encouraging to the consumer goods advertising landscape of today.

is a positive balancing force against how consumer products are promoted today.

Context and Background

Maharashtra FDA Crackdown on Surrogate Ads

In August 2026, Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe issued show-cause notices to leading Bollywood actors endorsing Vimal Elaichi, alleging that such promotions act as surrogate advertisements for banned gutka and pan masala products.

Sentence 2 of 14

English Original

This landscape has long suffered the consequences of a gross asymmetry: the person with the persuasive power suffers almost none of the economic downsides of consuming certain goods, a situation sustained as much by uncritical endorsement as by inequities in the public health-care system.

Sentence Breakdown

Part 1

This landscape has long suffered the consequences of a :

The advertising industry has faced the bad results of a massive imbalance for a long time:

Part 2

the person with the persuasive power suffers almost none of the economic downsides of consuming certain goods,

the celebrity who convinces people to buy harmful products suffers no financial or medical harm from using them,

Part 3

a situation sustained as much by uncritical endorsement

a problem kept alive by celebrities promoting products without questioning their harm,

Part 4

as by in the public health-care system.

just as it is kept alive by unfair gaps and poor access in government hospital care.

Sentence 3 of 14

English Original

But the FDA must still prove its suspicions.

Sentence Breakdown

Part 1

But the FDA must still prove its .

However, the Food and Drug Administration still has to produce legal evidence to prove what it suspects.

Sentence 4 of 14

English Original

According to it, Vimal Elaichi — which Shah Rukh Khan, Ajay Devgn and Tiger Shroff have endorsed — does not have a market identity independent of its association with tobacco and that endorsing it amounts to a surrogate endorsement of tobacco products.

Sentence Breakdown

Part 1

According to it,

According to the Food and Drug Administration,

Part 2

Vimal Elaichi — which Shah Rukh Khan, Ajay Devgn and Tiger Shroff have —

the cardamom brand Vimal Elaichi, promoted by film actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff,

Part 3

does not have a market identity independent of its association with tobacco

does not exist in the consumer market separately from its famous link to tobacco products

Part 4

and that endorsing it a of tobacco products.

and promoting this cardamom is effectively the same as indirectly advertising harmful tobacco items.

Sentence 5 of 14

English Original

While this seems a reasonable reading of the Cigarettes and Other Tobacco Products Act (COTPA) Rules, the Delhi High Court, in DGHS vs Som Pan Product Pvt. Ltd. (2024), had held that the state had a responsibility to prove a case of surrogate advertising.

Sentence Breakdown

Part 1

While this seems a reasonable reading of the Cigarettes and Other Tobacco Products Act (COTPA) Rules,

Although this interpretation appears fair according to the anti-tobacco law regulations,

Part 2

the Delhi High Court, in vs Som Pan Product Pvt. Ltd. (2024),

the Delhi High Court, in its 2024 judgment in the health department’s case against Som Pan Product,

Part 3

had that the state had a responsibility

had ruled that the government has a legal duty

Part 4

to prove a case of surrogate advertising.

to clearly establish and prove that an advertisement is indirectly promoting a banned item.

Context and Background

DGHS vs Som Pan Product Pvt. Ltd. (2024)

In January 2024, the Delhi High Court ruled that regulatory authorities cannot presume surrogate advertising merely because a company shares a brand name with a tobacco product; the state must actively establish and prove deceptive intent and linkage under COTPA.

Sentence 6 of 14

English Original

That is, neither could brand registration alone prove surrogate advertising nor could the mere existence of a technically legal product permit a particular advertisement.

Sentence Breakdown

Part 1

That is, neither could brand registration alone prove

In other words, just having a registered brand name is not enough to prove that an ad is surrogate promotion,

Part 2

nor could the existence of a technically legal product permit a particular advertisement.

and simply selling a legal product does not automatically give a company permission to run any advertisement it wants.

Sentence 7 of 14

English Original

While Mr. Mundhe’s efforts are commendable, the FDA should follow through with inquiries under COTPA and the Food Safety and Standards Act 2006 that withstand scrutiny.

Sentence Breakdown

Part 1

While Mr. Mundhe’s efforts are ,

Although Commissioner Mundhe’s actions deserve praise,

Part 2

the FDA should with inquiries under

the Food and Drug Administration must conduct complete and thorough investigations under anti-tobacco laws

Part 3

and the Food Safety and Standards Act 2006 that withstand .

and the Food Safety law in a way that can survive strict legal examination in court.

Context and Background

FSSA 2006 and COTPA Regulatory Framework

The Food Safety and Standards Act (FSSA), 2006 regulates food standards and misleading advertisements, while COTPA, 2003 bans direct and indirect tobacco advertising. State FDAs use both statutes to initiate inquiries against deceptive food claims and surrogate tobacco promotion.

Sentence 8 of 14

English Original

India bears the world’s largest burden of oral cancer, and the FDA is right to treat certain advertisements as unfair trade practices with significant consequences for consumer health.

Sentence Breakdown

Part 1

India bears the world’s largest of oral cancer,

India has the highest number of mouth cancer cases in the world,

Part 2

and the FDA is right to treat certain advertisements as

and the Food and Drug Administration is justified in classifying misleading ads as illegal commercial practices

Part 3

with significant consequences for consumer health.

that cause serious and dangerous damage to the health of the public.

Context and Background

India

India accounts for nearly one-third of the global burden of oral cancer cases, largely driven by the widespread consumption of chewing tobacco, gutka, and pan masala containing hazardous ingredients.

Sentence 9 of 14

English Original

The endorser liability created by the Consumer Protection Act 2019, together with hefty financial penalties, has also undermined celebrities’ ability to invoke ignorance of a manufacturer’s intentions as a defence.

Sentence Breakdown

Part 1

The created by the Consumer Protection Act 2019,

The legal responsibility placed on celebrity brand ambassadors by the 2019 consumer law,

Part 2

together with financial penalties,

along with very large money fines,

Part 3

has also celebrities’ ability

has weakened the power of famous people

Part 4

to ignorance of a manufacturer’s intentions as a defence.

to claim in court that they did not know the company was trying to sell harmful products.

Context and Background

Endorser Liability under Consumer Protection Act 2019

Under Section 21 of the Consumer Protection Act 2019 and CCPA Guidelines 2022, celebrity endorsers can be fined up to ₹10 lakh for a first offense (and ₹50 lakh for subsequent violations) and banned from endorsements for up to three years unless they prove they conducted due diligence.

Sentence 10 of 14

English Original

The FDA’s decision to have celebrity endorsers explain their decision-making is a logical extension of this principle in the domain of enforcement.

Sentence Breakdown

Part 1

The FDA’s decision to have celebrity endorsers explain their decision-making

The Food and Drug Administration’s demand that celebrity stars explain why they agreed to promote the brand

Part 2

is a logical extension of this principle

is a sensible and natural step following this legal rule

Part 3

in the of enforcement.

in the practical area of implementing the law.

Sentence 11 of 14

English Original

The problem exemplified by tobacco also extends to products making unsubstantiated claims (e.g., “boosts immunity”), and educational and financial products.

Sentence Breakdown

Part 1

The problem by tobacco

The issue shown clearly in the case of tobacco advertising

Part 2

also extends to products making claims (e.g., “boosts immunity”),

also applies to goods making unproven promises (such as claiming they increase bodily defense against disease),

Part 3

and educational and financial products.

as well as misleading advertisements in online coaching courses and investment schemes.

Sentence 12 of 14

English Original

Unfortunately, India’s regulatory regime is fragmented across a slew of Acts and Rules; problematic advertisements often invoke legal and administrative instruments to draw the judiciary’s intervention.

Sentence Breakdown

Part 1

Unfortunately, India’s is across Acts and Rules;

Sadly, India’s enforcement system is split and scattered across many different laws and government rules;

Part 2

problematic advertisements often invoke legal and administrative

companies making questionable ads frequently use complex legal tools and procedural technicalities

Part 3

to draw the judiciary’s .

to bring judges and courts into the dispute to delay or stop regulatory actions.

Sentence 13 of 14

English Original

Penalties or bans in the FDA’s case could significantly narrow the space exploited for surrogate advertising.

Sentence Breakdown

Part 1

Penalties or bans in the FDA’s case

Strict fines or advertising bans resulting from the Food and Drug Administration’s action

Part 2

could significantly the space

could greatly reduce the opportunity and loopholes

Part 3

for surrogate advertising.

misused by companies to run indirect promotions for harmful products.

Sentence 14 of 14

English Original

If the FDA fails to act fairly, however, it could become yet another example of regulatory overreach that strengthened the practices it sought to end.

Sentence Breakdown

Part 1

If the FDA fails to act fairly, however,

However, if the Food and Drug Administration does not follow fair and proper legal steps,

Part 2

it could become yet another example of

this action could turn into another case of government authorities abusing their power

Part 3

that strengthened the practices it to end.

which ultimately ends up making the bad advertising tricks stronger rather than stopping them.

Sentence 1 of 14

Sentences Breakdown

Editorial Summary

5-Point Summary

1 The Maharashtra Food and Drug Administration (FDA) has targeted celebrity endorsers of Vimal Elaichi to disrupt the promotion of surrogate tobacco products.
2 Celebrity endorsements create a severe imbalance where famous personalities reap financial rewards while consumers bear serious health consequences.
3 Although COTPA rules restrict surrogate advertising, the Delhi High Court has held that authorities must legally prove a clear case of surrogate promotion.
4 The Consumer Protection Act 2019 enforces endorser liability and heavy penalties, preventing celebrities from claiming ignorance of a brand’s harmful intentions.
5 Regulatory bodies must conduct robust and evidence-based inquiries under relevant laws to curb surrogate marketing while avoiding arbitrary regulatory overreach.

Tone of the Editorial

Analytical

Why this tone?

The editorial objectively analyzes the Maharashtra FDA’s regulatory action against celebrity endorsements for surrogate goods. It supports strict enforcement against deceptive advertising while cautioning that state actions must meet legal standards to avoid arbitrary regulatory overreach.

Sentence 1 of 14

Sentence Breakdown

Part 1

Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe’s attempts to disrupt the marketing chain,

The efforts by Maharashtra FDA chief Tukaram Mundhe to break the advertising network of companies,

Part 2

by targeting the celebrities who prop up the brand recall of manufacturers’ products,

by taking action against famous stars who help people easily remember company brand names,

Part 3

is an encouraging counterpoise to the consumer goods advertising landscape of today.

is a positive balancing force against how consumer products are promoted today.

Sentence 2 of 14

Sentence Breakdown

Part 1

This landscape has long suffered the consequences of a gross asymmetry:

The advertising industry has faced the bad results of a massive imbalance for a long time:

Part 2

the person with the persuasive power suffers almost none of the economic downsides of consuming certain goods,

the celebrity who convinces people to buy harmful products suffers no financial or medical harm from using them,

Part 3

a situation sustained as much by uncritical endorsement

a problem kept alive by celebrities promoting products without questioning their harm,

Part 4

as by inequities in the public health-care system.

just as it is kept alive by unfair gaps and poor access in government hospital care.

Sentence 3 of 14

But the FDA must still prove its suspicions.

Sentence Breakdown

Part 1

But the FDA must still prove its suspicions.

However, the Food and Drug Administration still has to produce legal evidence to prove what it suspects.

Sentence 4 of 14

Sentence Breakdown

Part 1

According to it,

According to the Food and Drug Administration,

Part 2

Vimal Elaichi — which Shah Rukh Khan, Ajay Devgn and Tiger Shroff have endorsed —

the cardamom brand Vimal Elaichi, promoted by film actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff,

Part 3

does not have a market identity independent of its association with tobacco

does not exist in the consumer market separately from its famous link to tobacco products

Part 4

and that endorsing it amounts to a surrogate endorsement of tobacco products.

and promoting this cardamom is effectively the same as indirectly advertising harmful tobacco items.

Sentence 5 of 14

Sentence Breakdown

Part 1

While this seems a reasonable reading of the Cigarettes and Other Tobacco Products Act (COTPA) Rules,

Although this interpretation appears fair according to the anti-tobacco law regulations,

Part 2

the Delhi High Court, in DGHS vs Som Pan Product Pvt. Ltd. (2024),

the Delhi High Court, in its 2024 judgment in the health department’s case against Som Pan Product,

Part 3

had held that the state had a responsibility

had ruled that the government has a legal duty

Part 4

to prove a case of surrogate advertising.

to clearly establish and prove that an advertisement is indirectly promoting a banned item.

Sentence 6 of 14

That is, neither could brand registration alone prove surrogate advertising nor could the mere existence of a technically legal product permit a particular advertisement.

Sentence Breakdown

Part 1

That is, neither could brand registration alone prove surrogate advertising

In other words, just having a registered brand name is not enough to prove that an ad is surrogate promotion,

Part 2

nor could the mere existence of a technically legal product permit a particular advertisement.

and simply selling a legal product does not automatically give a company permission to run any advertisement it wants.

Sentence 7 of 14

While Mr. Mundhe’s efforts are commendable, the FDA should follow through with inquiries under COTPA and the Food Safety and Standards Act 2006 that withstand scrutiny.

Sentence Breakdown

Part 1

While Mr. Mundhe’s efforts are commendable,

Although Commissioner Mundhe’s actions deserve praise,

Part 2

the FDA should follow through with inquiries under COTPA

the Food and Drug Administration must conduct complete and thorough investigations under anti-tobacco laws

Part 3

and the Food Safety and Standards Act 2006 that withstand scrutiny.

and the Food Safety law in a way that can survive strict legal examination in court.

Sentence 8 of 14

India bears the world’s largest burden of oral cancer, and the FDA is right to treat certain advertisements as unfair trade practices with significant consequences for consumer health.

Sentence Breakdown

Part 1

India bears the world’s largest burden of oral cancer,

India has the highest number of mouth cancer cases in the world,

Part 2

and the FDA is right to treat certain advertisements as unfair trade practices

and the Food and Drug Administration is justified in classifying misleading ads as illegal commercial practices

Part 3

with significant consequences for consumer health.

that cause serious and dangerous damage to the health of the public.

Sentence 9 of 14

Sentence Breakdown

Part 1

The endorser liability created by the Consumer Protection Act 2019,

The legal responsibility placed on celebrity brand ambassadors by the 2019 consumer law,

Part 2

together with hefty financial penalties,

along with very large money fines,

Part 3

has also undermined celebrities’ ability

has weakened the power of famous people

Part 4

to invoke ignorance of a manufacturer’s intentions as a defence.

to claim in court that they did not know the company was trying to sell harmful products.

Sentence 10 of 14

The FDA’s decision to have celebrity endorsers explain their decision-making is a logical extension of this principle in the domain of enforcement.

Sentence Breakdown

Part 1

The FDA’s decision to have celebrity endorsers explain their decision-making

The Food and Drug Administration’s demand that celebrity stars explain why they agreed to promote the brand

Part 2

is a logical extension of this principle

is a sensible and natural step following this legal rule

Part 3

in the domain of enforcement.

in the practical area of implementing the law.

Sentence 11 of 14

The problem exemplified by tobacco also extends to products making unsubstantiated claims (e.g., “boosts immunity”), and educational and financial products.

Sentence Breakdown

Part 1

The problem exemplified by tobacco

The issue shown clearly in the case of tobacco advertising

Part 2

also extends to products making unsubstantiated claims (e.g., “boosts immunity”),

also applies to goods making unproven promises (such as claiming they increase bodily defense against disease),

Part 3

and educational and financial products.

as well as misleading advertisements in online coaching courses and investment schemes.

Sentence 12 of 14

Sentence Breakdown

Part 1

Unfortunately, India’s regulatory regime is fragmented across a slew of Acts and Rules;

Sadly, India’s enforcement system is split and scattered across many different laws and government rules;

Part 2

problematic advertisements often invoke legal and administrative instruments

companies making questionable ads frequently use complex legal tools and procedural technicalities

Part 3

to draw the judiciary’s intervention.

to bring judges and courts into the dispute to delay or stop regulatory actions.

Sentence 13 of 14

Penalties or bans in the FDA’s case could significantly narrow the space exploited for surrogate advertising.

Sentence Breakdown

Part 1

Penalties or bans in the FDA’s case

Strict fines or advertising bans resulting from the Food and Drug Administration’s action

Part 2

could significantly narrow the space

could greatly reduce the opportunity and loopholes

Part 3

exploited for surrogate advertising.

misused by companies to run indirect promotions for harmful products.

Sentence 14 of 14

If the FDA fails to act fairly, however, it could become yet another example of regulatory overreach that strengthened the practices it sought to end.

Sentence Breakdown

Part 1

If the FDA fails to act fairly, however,

However, if the Food and Drug Administration does not follow fair and proper legal steps,

Part 2

it could become yet another example of regulatory overreach

this action could turn into another case of government authorities abusing their power

Part 3

that strengthened the practices it sought to end.

which ultimately ends up making the bad advertising tricks stronger rather than stopping them.

Reading Comprehension

Practice questions based on this editorial

Reading Comprehension - Due Diligence on Surrogate Advertising

Practice reading comprehension questions based on the editorial about regulatory actions against surrogate advertising and celebrity endorsements.

7 Questions Passing: 50%

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