FDA notice to Shah Rukh, Ajay Devgn and Tiger Shroff over Vimal Elaichi ad

The Maharashtra Food and Drug Administration (FDA) has turned its spotlight on a high-profile Vimal Elaichi advertisement, issuing show-cause notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over allegations that the campaign could amount to the indirect or surrogate promotion of prohibited pan masala and tobacco-related products.

The FDA’s Greater Mumbai division said the use of the words “VIMAL Elaichi” in the advertisement appeared to create a direct association with the Vimal Pan Masala brand and could potentially mislead consumers while indirectly promoting a prohibited product.

Describing the notice as a “final warning”, the regulator said the advertisement prima facie appeared to be misleading and potentially contrary to provisions of the Food Safety and Standards Act, 2006, and regulations framed under it. The notice, issued on 11 August, gives the three actors 15 days to respond.

The FDA has directed the actors to immediately stop participating in or endorsing the Vimal Pan Masala/Elaichi campaign and remove the promotional material from their official social media accounts, websites and other digital platforms under their control.

They have also been told not to provide any further assistance in the broadcasting, publication, circulation or promotion of the advertisement in any form.

FDA questions brand identity

At the heart of the regulator’s concerns is whether Vimal Elaichi is genuinely an independent product or whether it functions as a surrogate or brand-extension vehicle for Vimal pan masala or tobacco-related products.

The FDA has asked the actors to submit documentary evidence establishing whether the elaichi product is independently available in the market. They have also been asked to provide details of the due diligence carried out by them or their agencies before agreeing to the campaign.

The notice seeks copies and details of their endorsement agreements, campaign briefs, product information, payment arrangements and advertising contracts, along with information about the advertising agency and brand owner involved.

The actors must also disclose the television channels, digital platforms, social media networks and other media through which the advertisement was disseminated, as well as the period during which it was aired or published.

The FDA has further sought details of any material connection between the celebrity endorsers and the advertiser or brand owner.

Regulator flags Maharashtra ban

The action comes against the backdrop of a 13 July prohibition order issued by the Maharashtra Food Safety Commissioner under Section 30(2)(a) of the Food Safety and Standards Act.

The order, which remains in force for one year, covers specified tobacco-, nicotine- and areca-nut-based prohibited food products.

The FDA said the Vimal brand is prominently associated with pan masala in Maharashtra, where pan masala containing prohibited substances is banned. The department has been conducting enforcement operations against the manufacture, storage, transportation, distribution and sale of such products across the state.

The regulator has also pointed to provisions of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, which require advertising claims to be truthful, unambiguous and non-misleading. Regulation 15 also provides for discontinuation and corrective advertising in specified circumstances.

Actors face further action if replies fall short

The three actors have 15 days from receipt of the notices to submit written explanations and supporting documents. They may also seek a personal hearing, either themselves or through authorised representatives.

The FDA has warned that if no response is received within the stipulated period, or if the explanations are found unsatisfactory, further action could follow without any additional notice.

The department has sent copies of the notice to the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority (CCPA) for information and appropriate action.

The CCPA, under Section 21 of the Consumer Protection Act, has powers to order the discontinuation or modification of misleading advertisements, impose penalties on endorsers and, in specified circumstances, bar endorsers from promoting products or services for a prescribed period.

Mundhe-led FDA steps up enforcement

The action is part of a wider enforcement drive by the Maharashtra FDA under Commissioner Tukaram Mundhe, which has been carrying out inspections of food outlets and products across the state to monitor safety, hygiene and compliance.

For the three Bollywood stars, the notice puts a familiar celebrity endorsement under an unusually sharp regulatory lens, while for the FDA, the case raises a larger question: whether a seemingly innocuous product such as elaichi can become a vehicle for keeping the identity of a prohibited pan masala brand alive in the public eye.

With PTI inputs