The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their Vimal Elaichi advertisement. The regulator said the campaign could amount to indirect or surrogate promotion of prohibited pan masala and tobacco-related products.
According to The Hindu, the FDA’s Greater Mumbai division issued the notice on 11 August and identified the three actors as brand endorsers. It said the use of “Vimal Elaichi” in the campaign appeared to associate the product with the Vimal Pan Masala brand and could mislead consumers while indirectly promoting the prohibited product.
The FDA described the notice as a “final warning” and said the advertisement appeared, prima facie, to be misleading and contrary to the Food Safety and Standards Act, 2006, and related regulations. It also flagged possible violations of laws and guidelines governing surrogate and indirect advertising.
The regulator has asked the actors to immediately stop participating in or endorsing the Vimal Pan Masala/Elaichi campaign. It has also directed them to remove the promotional material from their official social media accounts, websites and other digital platforms under their control.
The notice further asks the actors not to assist in broadcasting, publishing or promoting the advertisement in any form. They must also provide details of the due diligence carried out by them or their agencies before joining the campaign.
The action followed the FDA’s examination of the Vimal Elaichi advertisement, which it said had appeared on television, digital and social media platforms and through other promotional channels.
The FDA said the Vimal brand has a prominent association with pan masala in Maharashtra, where pan masala containing prohibited substances is banned. It has therefore asked the actors to provide documentary evidence establishing whether Vimal Elaichi is an independent product available in the market or a surrogate brand-extension campaign for Vimal Pan Masala or tobacco-related products.
The actors must also submit copies and details of their endorsement agreements, campaign briefs, product information and payment arrangements. The notice seeks information about the advertising agency and brand owner involved in the campaign, as well as the television channels, digital platforms and other media where the advertisement appeared and the period of its dissemination.
The FDA has also asked for details of any material connection between the actors and the advertiser or brand owner.
The three actors have 15 days from receiving the notice to submit written explanations and supporting documents. They can also request a personal hearing in person or through an authorised representative.
The FDA warned that it could take further action without another notice if the actors fail to respond within the stipulated period or if their explanations prove unsatisfactory.
The notice follows a prohibition order issued on 13 July by Maharashtra’s Food Safety Commissioner under Section 30(2)(a) of the Food Safety and Standards Act. The order remains in force for one year and covers specified tobacco-, nicotine- and areca-nut-based prohibited food products.
The FDA said enforcement action was continuing against the manufacture, storage, transportation, distribution and sale of prohibited pan masala products across Maharashtra.
The department has also sent copies of the notice to the chief executive officer of the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority for information and appropriate action.
The notice cites the Food Safety and Standards (Advertising and Claims) Regulations, 2018, which require advertising claims to remain truthful, unambiguous and non-misleading. It also refers to Regulation 15 concerning the discontinuation of misleading advertisements and corrective advertising.
Under Section 21 of the Consumer Protection Act, the Central Consumer Protection Authority can order the discontinuation or modification of a misleading advertisement. It can also impose penalties on endorsers and, in certain cases, bar them from endorsing products or services for a specified period.
The Maharashtra FDA, led by Commissioner Tukaram Mundhe, has been carrying out inspections of food outlets and products to monitor safety, hygiene and related issues.
