Maharashtra FDA issues notice to Shah Rukh Khan, Ajay Devgn, Tiger Shroff over Vimal Elaichi advertisement
The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their advertisement for Vimal Elaichi, stating that it prima facie amounts to indirect or surrogate promotion of prohibited pan masala and tobacco-related products.
The notice, issued on August 11 by the FDA's Greater Mumbai division, said the use of the expression 'Vimal Elaichi' in the advertisement appeared to create an association with the Vimal Pan Masala brand. This could mislead consumers and indirectly promote a product whose sale is restricted in the state, the FDA said.
Describing the notice as a 'final warning', the FDA said the advertisement appeared to be misleading under the Food Safety and Standards Act, 2006, and its regulations. It also flagged possible violations of laws and guidelines related to surrogate or indirect advertising.
The actors, identified as brand endorsers, have been directed to immediately discontinue their participation in the advertisement and remove related promotional content from their official social media handles, websites, and other digital platforms under their control. They have also been instructed not to cooperate or assist in any further broadcasting, publication, dissemination, or promotion of the advertisement in any form.
The notice asks the actors to provide details of due diligence undertaken by them or their agencies before joining the campaign. Additionally, they must submit documentary evidence to show whether Vimal Elaichi is an independent product available for sale in the market, or whether it constitutes a surrogate or brand-extension communication intended to promote Vimal Pan Masala or tobacco-related items.
The FDA has also sought copies of endorsement agreements, campaign briefs, product information, payment arrangements, and details of the advertising agency and brand owner involved. Information on all television channels, digital and social media platforms, and other media where the advertisement was broadcast or published—along with the period of dissemination—has been requested. The notice further requires disclosure of any material connection between the endorsers and the advertiser or brand owner.
The actors have been given 15 days from receipt of the notice to submit written explanations and supporting documents. They may also seek a personal hearing, either in person or through an authorised representative. The FDA warned that if no response is received within the stipulated period, or if the explanation is found unsatisfactory, further action may be initiated without additional notice.
This action follows the FDA's examination of the Vimal Elaichi advertisement, which it said was being disseminated through television, digital, social media, and other promotional media. According to the notice, the Vimal brand is prominently associated with pan masala in Maharashtra, where pan masala containing prohibited substances is banned.
The notice comes against the backdrop of a prohibition order issued on July 13 by the Maharashtra Food Safety Commissioner under Section 30(2)(a) of the Food Safety and Standards Act. The order, in force for one year, covers specified tobacco, nicotine, and areca-nut-based prohibited food products.
