Vimal Ad Row Escalates
The controversy surrounding the Vimal Elaichi advertisement featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff has escalated after Maharashtra Food and Drug Administration (FDA) commissioner Tukaram Mundhe described the three actors as “violators of the law” in the context of the regulatory proceedings.
Speaking to NDTV, Mundhe said the actors’ celebrity status would not prevent the FDA from taking action. He said the regulator was treating them as advertisers in the matter and that the law would take its course.
The Maharashtra FDA had issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff on August 11, alleging that their Vimal Elaichi advertisement amounted to surrogate promotion of Vimal Pan Masala, a product prohibited in Maharashtra. The actors were given 15 days to respond and provide relevant documents.
One Actor Did Not Respond
According to Mundhe, two of the three actors responded to the FDA notices, while one did not. He said adjudication and prosecution proceedings have been initiated in the case involving the actor who did not respond.
Mundhe did not officially identify which actor failed to reply. When specifically asked whether Shah Rukh Khan’s team had responded, he said he was not certain, although he believed the actor had most likely not responded. Reports therefore do not establish conclusively that Shah Rukh Khan was the actor in question.
The two actors who responded reportedly argued that responsibility for the advertisement rested with the manufacturer. Mundhe said their explanations would be considered during the hearing process.
FDA’s Position on Celebrity Endorsements
Mundhe also addressed the broader question of responsibility for celebrities who endorse food-related products. He pointed to advertising provisions under the Food Safety and Standards Act and the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
According to the FDA commissioner, advertisers have a responsibility to exercise due diligence regarding the products they promote. The regulator’s position is that appearing in an advertisement does not automatically remove responsibility from the endorser.
Delhi High Court Case
The controversy has also reached the courts. On September 14, the Delhi High Court dismissed a petition filed by PB Agro LLP, the master licensee for Vimal Elaichi, which challenged the notices issued to the three actors.
The court held that Delhi was not the appropriate jurisdiction because the notices had been issued by the Maharashtra FDA in Mumbai, leaving Maharashtra courts as the appropriate forum for the challenge.
The FDA proceedings are now set to continue, with the responses from the actors who replied to the notices to be examined as part of the process
