Why can't alcohol be advertised in India? Surrogate advertising explained

The legal ban on direct alcohol advertising

Indian law treats the promotion of alcoholic beverages for human consumption as restricted, covering television, print, radio, outdoor and digital media. The restriction stems from both central guidelines and state-level excise regulations that aim to curb consumption.

Because the ban applies to the product itself, companies cannot run ads that feature whisky, beer, rum or any other spirit in a way that encourages purchase or consumption.

What surrogate advertising looks like

Brands replace the prohibited product with a legally advertisable item—most commonly packaged drinking water, carbonated soda, music albums, or event sponsorships—while retaining the same brand name, logo, colour scheme and tagline.

These surrogate goods are genuinely sold in the market, but the advertising campaign’s primary goal is to remind consumers of the parent alcohol brand, exploiting the overlap in brand identity.

How regulators and courts view surrogate ads

Advertising standards authorities examine whether the surrogate product is being marketed on its own merits or merely as a veil for alcohol promotion. If the ad is found to indirectly promote liquor, it can be pulled down.

Courts have upheld by courts when the surrogate is deemed a mere extension of the banned product.

Enforcement actions vary by state, with some issuing notices to advertisers and others allowing the practice to continue as long as the surrogate product has a separate, verifiable market presence.

Key takeaways

• Direct advertising of alcoholic drinks is illegal across most media in India.
• Brands use surrogate products like water, soda or music events to keep their name visible.
• Regulators watch closely to ensure the same way they watch alcohol ads, and courts can intervene if the surrogate is seen as a sham.
• The practice persists because it lets companies maintain brand recall without breaking the law.
• Consumers see the same branding on unrelated goods, which keeps the alcohol brand top‑of‑mind.

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