Maharashtra’s Food and Drug Administration has issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over a Vimal Elaichi advertisement, raising questions about whether the campaign amounts to indirect promotion of pan masala.
The matter relates to a 2024 advertisement in which the three actors promoted Vimal Elaichi, a product marketed as a cardamom-based mouth freshener. The FDA’s concern is not about elaichi as a product by itself. The issue is whether the use of the Vimal brand name and presentation in the campaign could strengthen public recall of Vimal Pan Masala, which falls in a more tightly regulated category in Maharashtra.
The notices were issued by Maharashtra FDA Commissioner Tukaram Mundhe. According to the source report, a nine-page show-cause notice accessed by NDTV says the advertisement “may mislead consumers” and could indirectly promote the identity of a product prohibited in the state.
Why the advertisement is under scrutiny
The FDA has questioned whether the campaign should be treated as a regular advertisement for elaichi or as a form of surrogate advertising. Surrogate advertising is generally understood as promotion of one legal product in a way that also benefits the name or identity of another product whose direct advertising is restricted.
In this case, the FDA has focused on the branding. Vimal Elaichi is sold as a mouth freshener, but the Vimal name is also associated with pan masala. The regulator has reportedly asked whether the advertisement helps maintain, reinforce or enhance the brand identity linked with pan masala or tobacco-related products.
The notice has directed Shah Rukh Khan, Ajay Devgn and Tiger Shroff to discontinue their participation in the campaign and remove related promotional material from their official social media accounts. The actors have also been asked to explain their position.
What the FDA has asked from the actors
The notices do not amount to a final finding of wrongdoing. They are show-cause notices, which means the actors have been given an opportunity to respond to the allegations and provide their explanation.
The FDA has reportedly sought details connected to the endorsements. These include copies of endorsement agreements, campaign briefs, payment arrangements and information about the due diligence carried out before the actors joined the campaign.
The authority has referred to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, issued by the Central Consumer Protection Authority. These guidelines require endorsers to take care that their endorsements are not misleading and that they exercise due diligence before promoting a product.
What is surrogate advertising?
Surrogate advertising becomes a concern when a legal product is advertised in a manner that may also promote a restricted product from the same brand family. It is often discussed in relation to tobacco and pan masala brands because direct advertising of tobacco products is restricted in India.
The source report notes that Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 prohibits advertisements of cigarettes and other tobacco products, including indirect forms of advertising. The Maharashtra FDA’s question is whether the Vimal Elaichi campaign could fall within this wider concern if its branding effectively reinforces the identity of tobacco-linked or pan masala products.
Possible penalties mentioned in the notices
The notices reportedly cite provisions dealing with misleading advertisements and endorsements. If violations are eventually found, the consequences could include financial penalties and restrictions on future endorsements.
According to the report, penalties mentioned range from Rs 10 lakh to Rs 50 lakh. The notices also refer to the possibility of restrictions on endorsing products for a period of up to three years. Any action would depend on the actors’ replies and the findings of the relevant authorities.
Maharashtra’s position on pan masala and gutka
The latest notices come in the context of Maharashtra’s long-running restrictions on gutka and pan masala products containing prohibited ingredients. In 2012, the Bombay High Court considered challenges linked to the state’s restrictions on gutka and pan masala under the Food Safety and Standards Act, 2006 and related regulations.
The court declined to grant interim relief against the implementation of the Maharashtra Food Safety Commissioner’s order. It also recognised the commissioner’s authority to act against products containing prohibited ingredients such as tobacco, nicotine and magnesium carbonate under the applicable food safety framework.
Shah Rukh Khan, Ajay Devgn and Tiger Shroff will now have a chance to respond to the FDA’s notices. The regulator’s action has brought renewed attention to celebrity endorsements where a promoted product is legal, but the brand name is also connected with a restricted category.
Source: Bollywood Hungama.