- The Maharashtra FDA has issued show-cause notices to Bollywood actors Ajay Devgn, Shah Rukh Khan, and Tiger Shroff over their advertisement for Vimal Elaichi, alleging that it amounts to surrogate advertising for Vimal Pan Masala, a product prohibited in the state.
- The notices require the actors to explain their roles in the advertisement, which the FDA claims creates an association with the Vimal Pan Masala brand and could amount to its indirect promotion under the Food Safety and Standards Act, 2006.
- The FDA's examination of the advertisement raises a serious question over whether it constitutes indirect or surrogate promotion of a prohibited tobacco-related product.
- Maharashtra has prohibited gutkha and pan masala containing tobacco or nicotine since 2012, with the prohibition renewed annually.
- In 2018, the Directorate General of Health Services (DGHS) issued show-cause notices to Vishnu Pouch Packaging Pvt Ltd over Vimal Elaichi advertising, but the Delhi High Court dismissed appeals in January 2024.
- Between May 25 and July 31, the FDA raided 658 establishments, seized stock worth ₹15.11 crore, registered 519 FIRs, and made 701 arrests.
The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff for their advertisement of Vimal Elaichi, which the FDA claims promotes the banned Vimal Pan Masala. The regulator alleges that the ad creates an association with the prohibited product, violating the Food Safety and Standards Act, 2006.124
The notices, issued this week, require the actors to explain their involvement in the advertisement, which the FDA argues could amount to surrogate advertising. The FDA stated, “Upon examination of the said advertisement, it prima facie appears that the advertisement promotes the Vimal brand, which is mainly associated with Pan Masala, a product prohibited for manufacture, storage, transportation, distribution and sale in the State of Maharashtra.”
Maharashtra has prohibited gutkha and pan masala containing tobacco or nicotine since 2012, with the current prohibition renewed annually. The FDA has intensified its enforcement actions, having raided 658 establishments and seized stock worth ₹15.11 crore between May 25 and July 31.7
The FDA invoked Section 24 of the Food Safety and Standards Act, which restricts misleading advertisements, and Section 53, which allows penalties of up to ₹10 lakh for misleading endorsements. The actors have been directed to discontinue their participation in the campaign and remove promotional content from their social media.
The action against the actors reflects the FDA's commitment to public health and safety regulations, as it seeks to curb the promotion of tobacco-related products in Maharashtra.
“The FDA has invoked Section 24 of the FSS Act, 2006, restricting misleading ads, and Section 53, which allows penalties up to ₹10 lakh for those party to publication. The regulator also cited a nine-page notice from Commissioner Tukaram Mundhe, who said the ad's presentation raises a 'serious question' over indirect promotion.”
The Indian Express
