A question may be raised, why action should not be initiated against it for the full-page newspaper advertisement that read: “Stuck with ghiya-tori again? Make the 1+1 Combo you love”. Ghiya and tori, called bottle gourd and sponge gourd in English, are an age-old part of the wide spectrum of vegetables in Indian home cooking. But for an alarming number of Indian children, vegetables are boring, compared to smartly packed and advertised fast food combos (high in fat, sugar and salt).

In 2015, FSSAI served notice to Patanjali for selling atta noodles without seeking the mandatory approval of the FSSAI first. The company was also issued another notice in 2016 for releasing allegedly misleading advertisements about its mustard oil.

Advertising plays a significant role in promoting businesses, including restaurants, by creating awareness and attracting customers. In India, the restaurant industry has witnessed substantial growth over the years, leading to intense competition. With the rise of digital platforms and social media, advertising has become more accessible and widespread. However, this raises the question of whether there should be a regularisation of restaurant ads in India. 

“Restaurant advertising allows us to showcase our culinary expertise and attract customers to experience the flavors and ambiance we offer. However, it is crucial to have regulations in place to prevent misleading claims and ensure that consumers make informed choices based on accurate information,” Vikram Mehta, director of The GT Road Hospitality stated.

Advertising enables restaurants to showcase their unique offerings, specials, and ambiance, helping them stand out in a crowded market. It allows potential customers to discover new dining options and make informed choices. Effective advertising campaigns can boost footfall, increase revenue, and contribute to the overall growth of the restaurant industry. Moreover, advertising creates employment opportunities within the advertising sector itself, benefiting the economy.

A recent report from the Food Safety and Standards Authority of India (FSSAI) found 32 new cases of misleading advertisements and claims by food business operators. This highlights the importance of regularisation in the restaurant industry to ensure that advertisements are accurate and do not mislead consumers. Regularisation can help reinforce consumer protection measures, holding restaurants accountable for their advertising claims and visuals.

While advertising has its advantages, unregulated restaurant ads can also pose several challenges. Some advertisements might resort to misleading claims, exaggerated food visuals, or false promises, leading to consumer dissatisfaction. This not only damages the reputation of the restaurant but also erodes consumer trust. Additionally, aggressive advertising tactics may create an atmosphere of competition that puts undue pressure on smaller establishments, making it difficult for them to thrive.

“In April 2018, we sent a directive to leading food delivery providers like Zomato, Swiggy, Foodpanda and UberEats to delist non-FSSAI licensed food businesses from their platforms,” spokesperson of FSSAI said in a statement.

In India, advertising is regulated by the Advertising Standards Council of India (ASCI), which has a code of conduct to ensure fair advertising practices. However, the enforcement of these regulations can be challenging, especially in the digital space, where social media influencers and online platforms often blur the line between personal opinions and paid promotions. It is crucial to protect consumers from misleading ads that may influence their choices and expectations. Regularisation can help reinforce consumer protection measures, holding restaurants accountable for their advertising claims and visuals.

“The regularisation of restaurant ads can contribute to the overall growth and reputation of the industry. By establishing ethical guidelines and monitoring mechanisms, we can maintain fairness, transparency, and consumer trust, which are crucial for the long-term success of our establishments,” Ashish Grewal, owner of  Le Kitchen chain commented. 

Restaurant ads should also consider ethical standards and cultural sensitivities. It is essential to avoid promoting harmful stereotypes, discriminatory content, or offensive messaging that may offend certain communities or perpetuate bias. Regularisation can help ensure that advertisements adhere to ethical guidelines and promote inclusivity, respecting India's diverse culture and values. To monitor ads, FSSAI has set up a dedicated committee, which periodically scrutinizes ads and claims made by food businesses across platforms including social media and e-commerce.

While regulations can address the challenges associated with restaurant ads, it is crucial to strike a balance between creativity and responsibility. Overly stringent regulations might stifle innovation and creative expression in advertising, hindering restaurants' ability to differentiate themselves effectively. Striking the right balance involves setting clear guidelines and monitoring mechanisms to maintain ethical standards without impeding the industry's growth and vibrancy.

Another critical aspect of regularisation is the transparency and disclosure of sponsored content. With the rise of influencer marketing, it is imperative to ensure that advertisements are clearly identified as such, distinguishing between genuine endorsements and paid promotions. Transparency strengthens consumer trust, allowing them to make informed decisions based on unbiased information.

To achieve effective regularisation, a collaborative approach involving stakeholders such as the government, advertising bodies, restaurant associations, and consumer advocacy groups is essential. Engaging these parties in constructive dialogue can help develop comprehensive guidelines that address the specific challenges faced by the restaurant industry while upholding consumer protection and ethical standards.