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.
The central issue is the use of the "VIMAL" brand name in an advertisement for elaichi.
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.
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.
The notice asks the actors to provide copies and details of their endorsement agreements, campaign briefs, product information and payment or endorsement arrangements.