India’s Kirana Stores May Suffer The Fate Of Once-Ubiquitous Telephone Booths

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September 16, 2024

Sesa Sen, NDTV Profit
16 September 2024

As India’s economy grows and digital technologies reshape consumer behavior, the future of kirana stores—the quintessential neighbourhood grocery shops—hangs precariously in the balance.

These soap-to-staple sellers, once impervious to change, now confront an existential threat from quick commerce players like Blinkit, Instamart, Zepto, and from modern retailers such as DMart and Star Bazaar, raising a pivotal question: Can kiranas survive the pressure of change, or will they die a slow death?

The All India Consumer Products Distributors Federation, that represents four lakh packaged goods distributors and stockists, has recently raised alarms, urging Union Minister for Commerce and Industry Piyush Goyal to investigate the unchecked proliferation of quick commerce platforms and its potential ramifications for small traders.

Their concerns are not unfounded. Data suggests that the share of modern retail, including online commerce, which is currently below 10%, is set to cross 30% over the next 3-5 years. Much of this growth will come at the cost of traditional retail.

“Unless the government takes on an activist role to support the smallest of business owners, the shift toward large corporate formats is inevitable,” according to Devangshu Dutta, head of retail consultancy Third Eyesight.

Casualties Of The Boom

Madan Sachdev, a second-generation grocer operating Vandana Stores in eastern Delhi, has thrived in the recent years, adapting to the digital age by taking orders via WhatsApp and employing extra hands for home delivery.

Despite having weathered the storm of competition from giants like Amazon and BigBazaar, he now finds himself disheartened, as his monthly sales have halved to about Rs 30,000, all thanks to quick commerce.

Sachdev is worried about meeting expenses such as rent, his children’s education, and other household bills. He finds himself at a crossroads, uncertain about how to modernise his store or adopt new-age strategies in order to attract customers in an increasingly competitive market.

India’s $600 billion grocery market, a cornerstone for quick commerce, is largely dominated by more than 13 million local mom-and-pop stores.

Retailers like Sachdev are also seeing a steep decline in their profit margins from FMCG companies, which now hover around 10-12%, down from the 18-20% margins seen before the Covid-19 pandemic. The consumer goods companies are instead offering higher margins to quick commerce platforms so that they can afford the price tags.

Quick deliveries account for $5 billion, or 45%, of the country’s $11 billion online grocery market, according to Goldman Sachs. It is projected to capture 70% of the online grocery market, forecasted to grow to $60 billion by 2030, as consumers increasingly prioritise convenience and speed.

Many of the mom-and-pop shops are family-run and have been in business for generations. Yet they lack the resources to modernise and compete effectively with larger chains. Modern retail businesses, including quick commerce, begin with significantly more capital, thanks to funding from corporate investors, venture capital, private equity, and public markets.

“They can scale quickly and capture market share due to a superior product-service mix, larger infrastructure, and more robust business processes,” said Dutta.

Moreover, their ability to engage in price competition poses a challenge for small retailers and distributors, making it difficult for them to compete.

“This is something that has happened worldwide, in the largest markets, and I don’t think India will be an exception,” Dutta said, adding that it would be incomplete to single out a specific format of corporate business such as quick commerce as the sole villain in this situation.

“India is a tough, friction-laden environment at any given point in time, including government processes which don’t make it any easier,” he said.

Peer Pressure

Data from research firm Kantar shows that general trade, which comprises kirana and paan-beedi shops, have grown 4.2% on a 12-month basis in June, while quick commerce grew 29% during the same period.

Shoppers are becoming more omnichannel, rather than gravitating towards one particular channel, said Manoj Menon, director- commercial, Kantar Worldpanel, South Asia. “While the growth [for quick commerce and e-commerce] might appear to have declined compared to a year ago, a point to note is that the base for these channels has significantly grown. Therefore, achieving this level of growth is still commendable.”

Consumer goods companies such as Hindustan Unilever Ltd., Dabur India Ltd., Tata Consumer Products Ltd., etc., have acknowledged the salience of quick commerce to their packaged food, personal and homecare products. The platform currently comprises roughly 40% of their digital sales.

“We are working all the major players in the quick commerce space and devising product mix and portfolio. This is a very high growth channel for us,” according to Mohit Malhotra, chief executive officer, Dabur India.

Elara Capital analysts have pointed out that the share of quick commerce is expected to rise to60% in the near future with e-commerce and modern trade turning costlier for FMCG brands than quick commerce. “The larger brands tend to make better margins on quick-commerce platforms versus e-commerce due to lower discounts on the former,” it said in a report.

However, it is too premature to draw a parallel between kirana and quick commerce in terms of competition, given the significant size difference.

The average spend per consumer on FMCG in kirana stores stands at Rs. 21,285 annually while the same is Rs. 4,886 for quick commerce, according to Menon.

Rural Vs Urban Divide

Quick commerce is still an urban phenomenon. In contrast, in rural settings, where internet penetration is still catching up and access to large retail chains is limited, kirana stores continue to thrive.

According to Naveen Malpani, partner, Grant Thornton Bharat, while the growth of quick commerce is undeniable, this channel is not poised to replace traditional retail, which still has a wider reach in the country. “It will complement older models, filling a niche for immediate, smaller purchases. Also, a 10-20-minute delivery may not have a strong market pull in rural markets where distance and time are not much of a concern.”

Yet many others believe, even in these areas, the challenge is palpable.

The small businesses are beginning to feel the sting of same slow decline that once befell the ubiquitous telephone booths in the era of mobile phone, according to Sameer Gandotra, chief executive officer of Frendy, a start-up that is building ‘mini DMart’ in small towns where giants like Reliance and Tatas have yet to establish their presence.

As rural customers slowly start to embrace digital shopping and seek more variety, kirana stores must adapt or risk becoming obsolete, he said.

Besides, the popularity of quick commerce is set to challenge the dominance of incumbent e-commerce platforms, especially in categories such as beauty and personal care, packaged foods and apparel.

“Quick commerce is primarily operational in metros and tier 1 markets, which is impacting the sales of traditional companies in these areas. However, if quick-commerce players were to extend their operations to tier 2 and tier 3, it would even challenge companies such as DMart and Nykaa, and would pare sales and profitability,” noted analysts at Elara Securities.

Frendy’s Gandotra believes the journey for kirana stores is not a lost cause, but it requires strategic interventions. Many kirana store owners struggle to integrate point-of-sale systems, inventory management software, or even digital payment solutions. These stores need to embrace technology.

Another aspect is the need for policy support. Regulations to ensure fair competition can prevent monopolisation by large retailers. Additionally, subsidies, tax benefits, and grants for infrastructure improvements can help small businesses adapt to changing market dynamics. With renewed support, kirana stores can continue to be the backbone of Indian retail.

Nonetheless, there will be some who’ll be left behind during this shift. Analysts at Elara Capital warn that the swift rise of quick-commerce platforms, combined with aggressive discounting, could wipe off 25-30% of traditional grocery stores.

(Published on NDTV Profit)

Inside the lucrative world of soft-drink bottling

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September 16, 2024

Priyamvada C., Mint

16 September 2024

When the late George Fernandes, the industries minister in the short-lived Janata Party government of 1977, issued a diktat to multinational corporations Coca-Cola, IBM and AstraZeneca to dilute their stake in their wholly owned subsidiaries to 40% in favour of Indian shareholders, Coca-Cola and IBM chose to exit India. Later, during P V Narasimha Rao’s proliberalisation government in 1993, Coca-Cola returned. It bought out Ramesh Chauhan’s Delhi Bottling Company and Coolaid, the bottling companies of five carbonated drinks, in 1998.

With Coca-Cola India now said to be evaluating options to list its wholly owned bottling subsidiary – Hindustan Coca-Cola Beverages (HCCB), Mint explains the rationale behind companies considering such moves.

What caused the change in strategy?

Experts said there is a trend of consumer giants spinning off their units to optimise their balance sheets, go asset-light and focus on their core brands and business models. Coca-Cola India’s ambitions to list HCCB come almost a decade after rival PepsiCo’s bottler, Varun Beverages, listed on the local stock exchanges, yielding significant value for the Jaipuria family.

Unlike PepsiCo, Coca-Cola owns its bottling franchise, just as other MNCs including consumer goods major Whirlpool, ball-bearing specialist Timken, and tobacco giant BAT, who are keen to take advantage of the valuations that Indian investors give to well-run MNCs. Varun Beverages commands a market valuation of ₹2.09 trillion. Hindustan Unilever and Colgate-Palmolive (India) are examples of multinational companies that have listed in India.

Coca-Cola’s move is seen as a strategic attempt to yield significant benefits, including financial gains, risk mitigation and other exit opportunities. The Economic Times was the first to report on HCCB’s listing plans in May.

How does the parent company benefit?

Through such moves, the parent company can reduce exposure to risks associated with bottling companies, which include fluctuations pertaining to raw material, regulatory changes and local market conditions, said Alpana Srivastava, a partner at Desai & Diwanji. While spinning off bottling subsidiaries is more prevalent in the beverage industry, she said other fast-moving consumer goods and retail companies may explore similar strategies to optimise their balance sheets in the current environment.

Earlier this year, HCCB announced the transfer of its bottling operations in three territories in north India to streamline supply chains in the region. However, the bottler declined to comment on its IPO plans.

As part of the transition, the Rajasthan market will be owned and operated by Kandhari Global Beverages, which operates in parts of Delhi, Himachal Pradesh, Haryana, Punjab, Chandigarh, Jammu & Kashmir, and Ladakh.

The Bihar market will be owned and operated by SLMG Beverages Pvt Ltd, which runs bottling operations in Uttarakhand, parts of Uttar Pradesh, Madhya Pradesh, and Bihar. The Northeast market and select areas of West Bengal will be owned and operated by Moon Beverages Pvt Ltd, which operates in parts of Delhi and Uttar Pradesh.

What other factors motivate such spin-offs?

Besides providing liquidity for the bottler, listing may offer tax benefits such as reduced capital gains tax or more favourable transfer pricing rules and optimise the overall tax burden for both the parent company and the subsidiary, Srivastava explained. It may allow both entities to be valued more accurately based on their individual capacities in growth, risk profiles and capital intensity.

This comes in the backdrop of companies looking to make the most of a bullish stock market to unlock more value for shareholders by listing their manufacturing subsidiaries. It enables the companies to raise more capital, which can be used to strengthen their market presence and reduce debt, said Devangshu Dutta, founder of Third Eyesight, a management consulting firm. He said the core value generator for companies such as Coca-Cola and Pepsi are brands and marketing rather than manufacturing.

In April, private equity firm Lighthouse Funds invested ₹700 crore in Parsons Nutritionals, a contract manufacturer specialising in packaged foods, beverages, and personal care products, underlining investor appetite in this sector. Other co-investors include the International Finance Corporation, a member of the World Bank Group, Evolvence India, HDFC AMC’s Fund of Funds, and various family offices.

However, there may be legal considerations, too. While exclusive contracts exist, the bottler may have partnerships with other companies in its distribution portfolio, which may have to be reviewed and renegotiated. There may be regulatory compliance and other anticompetitive considerations when it involves such big entities.

Other instances of such moves

While there are fewer examples of bottling companies listed in India, this practice is more common globally. Coca-Cola has listed most of its bottling subsidiaries in other global markets such as North America and Europe.

While there is no shareholding between PepsiCo and Varun Beverages, there is an exclusive arrangement for Varun Beverages to bottle, use trademarks, distribute, market, and sell PepsiCo products across India. The beverage giant benefits from royalty and licence fees. Over the past year, Varun Beverages’ revenue rose 22% to ₹16,400 crore while its profit increased to ₹2,056 crore from ₹1,497 crore in FY22. As of Friday’s close, the bottler’s shares had gained almost 30% to ₹645.20 since the beginning of this year.

Any potential listing opportunity for HCCB may allow a staggered exit for Coca-Cola India from managing local operations, monetising its stake and participating in future licence fees and/or royalty arrangements, said Dhruv Chatterjee, a partner at Saraf and Partners. He added that there are indications in the retail and fast-moving consumer goods category of similar divestments. Coca-Cola India did not respond to Mint’s request for comment.

Ravikumar Distilleries is an example of a listed manufacturing company that has tie-ups with liquor companies Radico Khaitan, Shashi Distilleries and John Distilleries, in addition to manufacturing and marketing its own liquor products. Bengal Beverages is an unlisted bottler that manufactures and distributes non-alcoholic beverage brands under licence from Coca-Cola across categories such as sparkling soft drinks, juice and water.

What kind of contracts exist between the bottler and the parent company?

Many bottling plants are usually set up by companies as a joint venture with a local partner. The bottler procures the concentrate from the companies. About 14-15% of the concentrate cost goes to the bottler, which translates into revenue for the brand, according to a person familiar with such discussions who spoke on condition of anonymity. The company spends a part of this revenue on marketing activities that target mass audiences through television, radio and newspapers.

Depending on the terms of the contract, the bottler may be expected to spend a portion of its revenue on marketing through outdoor settings such as billboards, flyers, social media and events. The arrangement between a bottler and a company may be either a pure bottling arrangement (or contract manufacturing) or a bottling and distribution arrangement, where the bottler is also responsible for marketing, branding, and last-mile distribution.

How has the carbonated beverage market fared?

Market research provider Statista estimated that the carbonated drink market in India clocks about $2.4 billion in revenue and is expected to grow by 6.98% annually over the next four years. The volume consumed at home and other outdoor locations is likely about 4.2 billion litres this year.

In 2022, Parle Agro’s brand Appy Fizz and Coca Cola dominated with a 31% market share each, followed by Fanta, Pepsi, 7UP and Sprite, among others. Other brands such as Reliance-backed Campa Cola are expected to challenge the dominance of these companies.

Before Reliance acquired Campa for ₹22 crore in 2022, the soft drink had been launched by Pure Drinks Group in the 1970s. The group was behind the launch and distribution of Coca-Cola in 1949, before the US company was shunted out of the country in 1977.

Pure Drinks and Campa Beverages subsequently launched Campa Cola to fill the gap left by foreign soft drink companies in the country. However, Coca-Cola and PepsiCo re-entered the Indian market in the 1990s, throttling local competition.

(Published in Mint)

Durex makes India condom push for women, rural consumers

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September 12, 2024

By Richa Naidu and Dhwani Pandya, Reuters

London/Mumbai,12 September 2024

For years, the world’s biggest condom maker Reckitt Benckiser designed products and marketing to lure Indian men to its Durex brand. Now, it is pushing a growth strategy by betting on women and rural consumers.

India last year surpassed China to become the world’s most populous nation, but still fares poorly on the use of contraceptives. India’s government estimates only around 10% of men use condoms and for women, sterilization remains the popular form of contraception.

Social stigma surrounding sex – which some say stems from Victorian social norms established during British colonization – has for decades marginalized female pleasure in the Indian society.

But attitudes are changing and Reckitt is shifting marketing gears to take advantage of an upswing in condom use among Indian women – now a key target audience for Durex.

Around 9.5% of married Indian women cited using condoms during sex by 2021, almost double the use five years earlier, according to latest available government statistics. Among unmarried women, such use more than doubled to 27%.

Reckitt is reformulating products such as lubricants aimed at attracting women consumers, and has new marketing campaigns, Pankaj Duhan, Reckitt’s senior vice president of intimate wellness, told Reuters in an interview.

The Durex lubricants in India will use improved formulations to appeal to women and have been created after performing clinical studies to address concerns females face — 30% of Indian women experience some discomfort when having sex with their partner.

“We want to change this … That is why we are relaunching our lubes portfolio,” said Duhan. “The women tend to become a little bit more underserved consumer groups.”

The India condoms market is currently dominated by Mankind Pharma, which makes Manforce, followed by Reckitt and TTK Healthcare.

CHALLENGES

The British consumer goods firm faces some stiff challenges in its quest to carve out a lucrative slice of the female condom market and rural consumers, primarily with distribution and pricing – two areas industry watchers believe are key to success – but also in coaxing a still-largely conservative rural population to buy its products.

Moreover, competitors are making a pitch to women too, with Durex’s main rival and market leader Manforce tweaking its marketing — a recent ad stars a Bollywood actress talking about benefits of condoms and asking women to “go buy your own.”

“One challenge Reckitt may face is consistency of messaging,” said Devangshu Dutta, head of retail consultancy Third Eyesight, adding the company needs to figure out if it is targeting condoms for health, family planning, or pleasure as there could be different messaging for each type of shopper.

The growth opportunity is compelling – India’s condom market size is merely worth $210 million, compared to China’s $4.1 billion, but is forecast to grow at 7.4% compound annual rate between 2024 and 2030, according to Indian consulting firm 6Wresearch. The global market is worth $11.3 billion.

Growing the market will take some doing though, not least because of India’s vast size and millions of mom-and-pop stores require a widespread distributor network.

Currently, only about 10-15% of Durex’s sales in India come from rural areas, which is far more price sensitive than urban cities.

“Distribution is the big challenge simply because even though most consumer goods companies have made their way to all pincodes in the country, the question is maintaining availability at retail points,” said Dutta of Third Eyesight.

CHIPPING AWAY AT TABOOS

Sex education in the conservative country is also lagging, and there is a vast gulf between awareness and actual use of contraceptives.

Matt Godfrey, executive vice president for Asia Pacific at Monks ad agency, part of S4Capital, said marketing tweaks by the likes of Durex are a welcome change but condom use and sex education need to improve in India.

“There are significant societal and cultural aspects that need to be rapidly shifted to reverse the status quo,” he said.

In the eastern state of Odisha, for example, a small medical store of Sudam Padhan does not prominently display condoms as “people frown upon them”.

In India, it’s men who mostly buy condoms, but some like Pooja, a marketer in Mumbai, are trying to drive change. She made an “awkward” decision to buy condoms herself for the first time this year, saying “when I’m asking for a condom over the counter I am basically putting my health first”.

Still, in a telling sign of the somewhat taboo nature of the topic, the 31-year-old declined to share her last name as she is unmarried and feared societal admonition.

“An open conversation encouraging safe and responsible sex in India has been steadily progressing but needs to be continually supported” by brands including Durex, S4Capital’s Godfrey said.

Like many of its rivals, Reckitt has over the years largely focussed on Indian men, with many ads featuring women wearing skimpy clothes.

Rival Manforce Condoms features former pornstar Sunny Leone in videos, some labelled “EXCLUSIVE UNCENSORED”. Duhan said many of the condom ads “objectified women.”

But that’s changing. Durex earlier this year launched a risqué “Explorers Wanted” lubricants campaign in India which featured sensual shots of nude male body parts.

PRICING PAINS

Pricing is another big challenge, especially in stores in smaller towns and villages which are reluctant to stock condoms and lubes. Duhan said products have to be “extremely cheap” to sell in some rural areas, where many use free government-provided condoms.

Padhan, from the medical store in Odisha, doesn’t stock Durex “because they are costly and there’s no demand for them in rural areas,” and says most sales are of Ustad “Deluxe Condoms” made by a state-run firm.

Ustaad costs just 10 rupees (11 U.S. cents) for a pack of six. A pack of 10 Durex condoms starts retailing at around 250 rupees, with some priced above $6, and a similar pack of Manforce starts at $1.

But the smaller three-condom Durex pack starts retailing around 99 rupees, and Reckitt believes they will sell better in rural India.

“We are starting at the top (and) planning to get down to the rural areas,” Duhan said. “It’s a massive undertaking”.

(Reported and Published by Reuters)

Quick-commerce vs e-commerce: Ready for the new pricefight in town?

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August 24, 2024

Writankar Mukherjee & Navneeta Nandan, Economic Times
24 August 2024

Quick-commerce operators such as Blinkit, Swiggy Instamart and Zepto are aggressively trying to lure away consumers from large ecommerce platforms like Amazon and Flipkart by matching their prices across groceries and fast-selling general merchandise, triggering a price war in the home delivery space.

This is a departure from the earlier pricing strategy of quick-commerce players who typically charged 10-15% premium over average ecommerce marketplace prices for instant deliveries, industry executives said.

The strategy now is to win consumers from large ecommerce at a time when urban shoppers increasingly prefer faster and scheduled deliveries, they said.

An ET study of prices of 30 commonly used products in daily necessities, discretionary groceries and other categories, including electronics and toys, in both ecommerce and quick-commerce platforms reveal the pricing disparity has been bridged. “The pricing premium which quick commerce used to charge for instant deliveries is gone with these platforms now joining a race with large ecommerce to offer competitive pricing to shift consumer loyalties,” said B Krishna Rao, senior category head at biscuits major Parle Products.

It seems to be working. Quick commerce is the fastest growing channel for all leading fast-moving consumer goods companies, accounting for 30-40% of their total online retail sales, according to company disclosures in earning calls.

These platforms are also expanding their basket with larger FMCG packs to cater to monthly shopping needs but also non-groceries such as electronic products, home improvement, kitchen appliances, basic apparel, shoes and toys amongst others.

“Consumers have all the apps on their phones and all they want is quick deliveries at the best price,” said Rao of Parle Products.

The increasing competition is putting pressure on ecommerce majors to reduce delivery time.

‘Market acquisition cost’

Flipkart is even eyeing a quick-commerce foray by piloting a 10-minute delivery service called Minutes in some parts of Bengaluru.

Jayen Mehta, managing director of Gujarat Cooperative Milk Marketing Federation that owns the Amul brand, said now that people are buying regularly from quick commerce with an increase in their assortment, legacy ecommerce platforms like Big Basket and Amazon are trying to deliver faster and same day, which has increased competition pressure.

“At the end of the day, consumers compare across channels before buying. So, pricing equality has become important,” Mehta said. “But then, quick commerce has a delivery charge if the order is below a certain value,” he added.

But does their business model allow quick-commerce players to wage a sustained price war against ecommerce platforms?

Quick commerce model requires multiple dark stores to be set up in close vicinity in each market, while ecommerce players mostly make deliveries from centralised warehouses.

But then, quick commerce platforms right now are at a phase where ecommerce was 7-8 years back, said Devangshu Dutta, CEO of consulting firm Third Eyesight.

“Price matching by quick commerce is to acquire market share and is part of market acquisition cost even when it might not be profitable at a per unit transaction level,” he told ET. “They may have to sacrifice margins in the short term to get customers shopping more frequently.”

Blinkit chief executive Albinder Singh Dhindsa earlier this month said the advent of quick commerce has made people want things faster than they would have otherwise got from ecommerce.

“This has led to a direct share shift of a number of non-grocery use cases to quick commerce where customers were primarily reliant on ecommerce for buying these products,” he said in the Zomato-owned quick-commerce platform’s June quarter earnings release.

Dhindsa said quick-commerce platforms are gaining sales by incremental growth in consumption, shift in purchases from next day ecommerce deliveries and mid-premium retail chains.

Citing an example, he claimed the demand Blinkit has generated for online-first oral care brand Perfora is a testament that such brands’ growth and adoption on quick commerce is much faster than on ecommerce.

(Published in Economic Times)

Supreme Court’s whip in Patanjali case a wake-up call for the FMCG sector

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April 24, 2024

Mumbai, 24 April 2024
Sharleen Dsouza, Business Standard

With the Supreme Court cracking down on Patanjali over misleading advertisements, the advertisement industry is concerned. While industry players acknowledge that some degree of exaggeration in claims is common, the Supreme Court’s firm action signals an impending shift.

On Tuesday the SC said that its interest was not limited to Patanjali but all those Fast-Moving Consumer Goods (FMCGs) and drug companies that mislead consumers through their advertisements.

And Patanjali is not the first one to have crossed the line of puffery. There have been many cases in the past, like Horlicks Ltd versus Zydus Wellness Products where the former sought for a permanent injunction against Zydus for the broadcast of false advertisement.

Similarly, in Rajendra versus Union of India, the Bombay High Court restrained any good or service sale claiming it had supernatural and miraculous powers.

“Puffery in advertising is as old as advertising. There is always an element of exaggeration. Over the years, the government has looked the other way. Guys on the ground should take companies and brands to task and have largely been in cahoots with most of the brands,” said Sandeep Goyal, chairman and managing director of Rediffusion Brand Solutions.

Goyal believes that the SC coming down heavily on Patanjali would be a deterrent for other brands. “Puffery or not is for someone to figure out. In most food products, FSSAI doesn’t care. Who is to identify these ads? I think the SC has done something. This won’t deter other brands and get them to make claims which are within the realm of what is correct,” Goyal said.

A question of ethics

Industry experts point out that the primary objective of advertisement is to stimulate desire in the consumer’s mind. This happens by hook or by crook.

“Misleading a consumer has become inherent in advertising to a certain extent. I think this is dangerous when it comes to food, as it is basic nutrition. If you are embedding misleading information or mis-stating facts in ads then it has a real impact on whoever the customer or consumer is of that product. It is good that the issue has been highlighted,” said brand expert Devangshu Dutta, founder of Third Eyesight.

Then there is the Advertising Standards Council of India and discussions about ethical standards within the industry.

But Dutta believes there is a clear disconnect between what advertisements should say and what actually transpires. “I hope it gets acted upon from the government’s side as well. Self-regulation doesn’t seem to work. We all wish that it works, but it doesn’t. If it becomes more stringent, then it will be good overall,” he said.

While FMCG players are concerned about the stringent action of the Supreme Court, they believe that this will lead to improved advertisement regulation.

Ensuring compliance

Speaking on condition of anonymity, a senior executive of a leading FMCG company said, “The industry is already disciplining itself due to the growing consumer awareness, stringent ASCI guidelines and the impact of influencer marketing. This will further ensure that misleading ads will be few and far in the future.”

Some companies also ensure that their ads adhere to ASCI guidelines before launching them. “We run our ads with ASCI before we release them. This practice has worked in our favour,” said another executive on condition of anonymity.

In its hearing, the SC had said, “We are of the opinion that the issue relating to implementation of the relevant provisions of the Drugs and Magic Remedies Act and the Rules, the Drugs and Cosmetic Act and the Rules, and the Consumers Act and the relevant rules needs closer examination in the light of the grievances raised by the petitioner…not just limited to the respondents before this court but to all similarly situated/ placed FMCGs who have… misleading advertisements, and (are) taking the public for a ride… affecting the health of babies, school going children and senior citizens who have been consuming products on the basis of the said misrepresentation.”

(Published in Business Standard)