Akshay Kumar's Vimal U-turn is not in good taste, say brand experts

Earlier this month, Vimal on-boarded another Bollywood celebrity – after Ajay Devgn and Shah Rukh Khan – as brand ambassador for its cardamom product: Akshay Kumar.

However, Kumar’s ambassadorship was short-lived. His appearance in an ad for a brand associated more with tobacco (pan masala) than elaichi drew flak from fans. A barrage of angry tweets and social media memes followed, with someone even digging out an old video of the actor where he is heard saying he wouldn’t promote tobacco products.

A few also took this as an opportunity to lambast, once again, Amitabh Bachchan’s 2021 endorsement of Kamla Pasand silver-coated cardamom. Bachchan had later pulled away from the brand, claiming he did not know it was a surrogate ad.

Likewise, two days ago, Kumar, too, stepped back from his association with the brand. “I am sorry,” he wrote in a social media post, adding that while he “does not and will not endorse tobacco,” he respects the “outpouring of feelings” in light of his association with the brand. “I have decided to contribute the entire endorsement fee towards a worthy cause. I promise to be extremely mindful in making my future choices,” he wrote.

Given Kumar’s passion for fitness, the endorsement was peculiar from the get-go, brand experts say. The actor is known to follow a healthy lifestyle and also famously abstains from consuming alcohol and tobacco.

The controversy has once again turned the spotlight on surrogate advertisement — wherein brands advertise products such as alcohol and tobacco, which is prohibited under law, through another product under the same brand.

The Cigarettes and Other Tobacco Products Act, 2003 prohibits advertisement of “tobacco products” by both direct and indirect means. And the Cable Television Networks (Regulation) Act, 1995, prohibits the direct or indirect promotion and advertisement of “cigarettes, tobacco products, wine, alcohol, liquor or other intoxicants”.

The Advertising Standards Council of India, too, states that products the ads of which are prohibited or restricted by law or by the ASCI code must not circumvent such restrictions by purporting to be advertisements for other products.

But surrogate advertising continues. And celebrities appearing in such ads, when they are caught on the back foot, sometimes resort to damage control by distancing themselves from the brand. When that happens, where does that leave the brand and the celebrity’s brand image?

“Though I don't know the nitty-gritty of his contract, generally speaking, Akshay Kumar can sue his managers for misleading him to sign an agreement for a brand his fans don’t approve of,” says Mehmood Abdi, a Mumbai-based lawyer. “Similarly, a brand can also claim damages from a celebrity endorser for putting it in bad light and bringing negative publicity whereas he or she was engaged to create positivity about the product.”

He explains: “Showbiz is an image industry… Stars read the scripts they are offered before they sign any film. They very well know the connotations of the character they play. As such, applying common prudence to the work they undertake is integral. Akshay Kumar is a popular film star and must have known the product and its usage before signing the agreement.”

Agrees Viraj Srivastava, a Gurugram-based senior legal professional. “As long as what was represented to him (Kumar) in the beginning continues, then he has no right to backtrack.”

While Kumar’s statement clarifies that the brand will continue to air the ad till the term of the contract, Srivastava says, “Vimal can always sue him for doing something against the spirit of the agreement – which was to promote the product. Kumar is on the one hand promoting the product and on the other passing an official/unofficial statement that devalues it. You cannot be hot and cold at the same time.”

Abdi adds, “His decision to withdraw from the endorsement, while the advertisement is already on air, is meaningless. He should have withdrawn fully from this endorsement by asking the product owner to stop the ad from airing and returned his fee.” He is of the view that Kumar’s withdrawal is not only half-hearted but also inconsequential. “A large number of people who have seen him endorsing the brand might not be aware that the actor no longer endorses it. Saying that the endorsement fee would be spent on charity is like distributing the blood money to unconnected victims.”

Steering clear of “the can” and “the should”, cc advocate Tejasvi Kumar says, “Vimal will not sue Akshay Kumar as the move will only hurt its goodwill further. The brand can keep airing the ad for as long as the contract lasts, so it's fine.”

The hit to the brand

Akshay Kumar’s act of stepping away has undone some damage to his brand value, says ad guru Prahlad Kakkar. “In my eyes, Akshay has earned respect. It’s rare to see men admit that they have been wrong and correct themselves, especially in the public eye.” He adds, “Everyone gets tempted by lucre! But the fact that he course-corrected is important.”

Not everyone agrees, though.

Samit Sinha, founder Alchemist Brand Consulting, says, “They are all getting paid huge amounts of money to do this, because brand owners feel it’s worth it.” Clearly, it is up to an endorser to do due-diligence, he adds.

“There’s no way one can throw up their hands and shirk responsibility. At best, I think, you can claim you were duped into believing that you were endorsing a more innocent product,” adds Sinha.

Harish Bijoor, brand strategist and founder, Harish Bijoor Consults Inc, agrees: “Stars are, at the end of the day, a representation of their fans. Someone like Akshay Kumar, who takes fitness so seriously, should understand that his fans also do so. A U-turn like this brings a lot of negativity to the brand. A star is a grown-up who has signed on the dotted line, and to go back on it is not right.”

While the move has affected both Brand Akshay Kumar and Brand Vimal, “it is Vimal that takes the bigger hit, because the act of withdrawal suggests something that is not desirable,” says Santosh Desai, MD and CEO, Future Brands, a brand and consumer consultancy company.

Bijoor’s advice is plain and simple: “Think before you ink”.