Vimal Elaichi or surrogate pan masala ad? Why Tukaram Mundhe-led Maharashtra FDA flagged SRK, Ajay Devgn campaign

The Maharashtra Food and Drug Administration (FDA), led by Commissioner Tukaram Mundhe, has issued a show-cause notice to Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their advertisement for Vimal Elaichi, alleging that the campaign could amount to the indirect or surrogate promotion of pan masala and tobacco-related products, PTI reported.

The notice, issued on August 11, comes against the backdrop of Maharashtra's prohibition on specified pan masala and tobacco-related products. The FDA has given the three actors 15 days from the date of receipt of the notice to submit their explanations and supporting documents.

Why has the FDA objected to the advertisement?

The central issue is the use of the "VIMAL" brand name in an advertisement for elaichi.

Quick answers to key questions

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QUESTIONS

The Maharashtra FDA issued notices because the actors' advertisement for Vimal Elaichi was deemed to potentially promote pan masala and tobacco-related products, violating state prohibitions.

The FDA has directed the actors to stop participating in the advertisement, remove promotional materials from their platforms, and refrain from any further assistance in promoting it.

The FDA cited provisions from the Food Safety and Standards Act, 2006, particularly Sections 24 and 53, which deal with misleading advertisements and penalties for their publication.

The FDA is requesting copies of endorsement agreements, product details, and documentary evidence to clarify whether Vimal Elaichi is an independent product or a surrogate for Vimal Pan Masala.

The crackdown underscores the FDA's commitment to enforcing the prohibition on pan masala and tobacco-related products in Maharashtra, aiming to prevent deceptive advertising and protect public health.

According to the FDA, Vimal is mainly associated with pan masala in Maharashtra. It said the use of the expression "VIMAL Elaichi" in the advertisement appears to create an association with the Vimal Pan Masala brand and could mislead consumers.

The regulator said it was examining whether Vimal Elaichi is genuinely an independent product available in the market or whether the advertisement is being used as a brand-extension or surrogate communication to maintain or reinforce the identity of Vimal Pan Masala, according to an Indian Express report.

The notice said that if the use of the Vimal brand for elaichi is intended to enhance consumer attraction towards the pan masala or tobacco-related products, it could amount to indirect or surrogate promotion of a prohibited or restricted product.

What does the FDA want Shah Rukh Khan, Ajay Devgn and Tiger Shroff to do?

The FDA has directed the three actors to immediately stop participating in and endorsing the Vimal Pan Masala/Elaichi advertisement.

It has also asked them to remove promotional material relating to the advertisement from their official social media handles, websites and other digital platforms under their control.

The actors have further been directed not to provide any assistance in broadcasting, publishing, disseminating or promoting the advertisement in any form.

What information has the FDA sought?

The notice asks the actors to provide copies and details of their endorsement agreements, campaign briefs, product information and payment or endorsement arrangements.

They have also been asked to provide details of the advertising agency and brand owner involved in the campaign and explain what due diligence they or their agencies conducted before agreeing to participate in the advertisement.

The FDA has sought details of television channels, digital platforms, social media platforms and other media where the advertisement was broadcast or published, along with the period during which it was disseminated.

The actors have also been asked to provide documentary evidence establishing whether Vimal Elaichi is an independent product actually available for sale or whether it constitutes surrogate or brand-extension communication intended to promote Vimal Pan Masala or tobacco-related products.

What laws has the FDA cited?

The FDA has invoked provisions of the Food Safety and Standards Act, 2006, including Section 24, which deals with restrictions on misleading advertisements relating to food, and Section 53, which provides for a penalty for publishing or being party to the publication of a misleading food advertisement, according to an Indian Express report.

The notice also refers to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, which require advertising claims to be truthful, unambiguous and not misleading.

The FDA has additionally cited Section 21 of the Consumer Protection Act, 2019, under which the Central Consumer Protection Authority can direct the discontinuation or modification of a misleading advertisement and impose penalties on endorsers.

According to the notice, the penalty for an endorser can go up to ₹10 lakh, and up to ₹50 lakh for subsequent contraventions. An endorser can also be prohibited from endorsing products or services for a specified period in certain circumstances.

What is the Maharashtra pan masala ban?

The FDA's action comes against the backdrop of a prohibition order issued by the Maharashtra Food Safety Commissioner on July 13 under 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 being taken against the manufacture, storage, transportation, distribution and sale of such prohibited pan masala products in the state.

The regulator has also 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.

What next for the three actors?

The three actors have 15 days from receiving the notice to submit written explanations and supporting documents. They can also seek a personal hearing, either personally or through an authorised representative.

The notice asks them to explain why legal action should not be initiated over the alleged violations.

The FDA has warned that if no explanation is submitted within the stipulated period, or if the explanation is found unsatisfactory, it may proceed with further action without issuing another notice.