NEW DELHI: 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.The FDA said the advertisement may amount to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products.According to the notice issued by the FDA’s Greater Mumbai division on August 11, the use of the name “VIMAL Elaichi” in the advertisement appears to create an association with the Vimal Pan Masala brand.The department said this could mislead consumers and indirectly promote a prohibited product.The FDA described the notice as a “final warning” and said the advertisement appeared to be misleading and contrary to provisions of the Food Safety and Standards Act, 2006, and related regulations.
Actors asked to stop promoting ad
The FDA has directed the three leading film-stars to immediately stop participating in or endorsing the Vimal Pan Masala/Elaichi advertisement.They have also been asked to remove the promotional content from their official social media accounts, websites and other digital platforms under their control.The actors have been told not to provide any further assistance in broadcasting, publishing or promoting the advertisement in any form.The FDA has also sought details of the checks carried out by the actors or their agencies before they agreed to the campaign.
FDA seeks details of Vimal Elaichi
The action followed the department’s examination of the Vimal Elaichi advertisement, which was being shown on television, digital platforms, social media and other promotional media.The FDA said the Vimal brand is strongly associated with pan masala in Maharashtra, where pan masala containing prohibited substances is banned.The actors have been asked to provide documents showing whether Vimal Elaichi is an independent product actually available in the market or whether it is being used as a surrogate or brand-extension advertisement for Vimal pan masala or tobacco-related products.They have also been asked to submit details of their endorsement agreements, campaign briefs, product information, payments and other arrangements, along with details of the advertising agency and brand owner involved.The notice also seeks details of the television channels, digital platforms, social media accounts and other media where the advertisement was published or broadcast, as well as the period during which it was shown.
15 days to respond
The actors have 15 days from the date they receive the notice to submit written explanations and supporting documents. They can also request a personal hearing, either themselves or through an authorised representative.The FDA warned that if no response is received within the deadline, or if the explanation is found unsatisfactory, further action could be taken without another notice.The action follows a prohibition order issued by the Maharashtra Food Safety Commissioner on July 13 under the Food Safety and Standards Act. The order is valid for one year and covers specified tobacco, nicotine and areca-nut-based prohibited food products.
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The FDA said it was also taking enforcement action against the manufacture, storage, transport, distribution and sale of prohibited pan masala products in Maharashtra.Copies of the notice have been sent to the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority for information and appropriate action.The FDA also referred to regulations requiring food-related advertisements and claims to be truthful, clear and not misleading. Under the Consumer Protection Act, the Central Consumer Protection Authority can order misleading advertisements to be stopped or modified and can impose penalties on endorsers in certain cases.
