Why has Maharashtra FDA issued notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff? | Explainer

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Shah Rukh Khan, Ajay Devgn and Tiger Shroff in a Vimal Elaichi advertisement. Photo: Instagram/@vimalelaichi.

What are the sections and the provisions for penalties? What are the provisions for responding? Will the actors have to appear in person to explain their stance to the FDA? After being in the news for a crackdown against establishments, why has Tukaram Mundhe now turned to celebrity endorsements? Vinaya Deshpande Pandit explains.

Maharashtra Food and Drug Administration has alleged that the three actors are likely involved in the surrogate promotion of prohibited products. Maharashtra has banned the manufacture, storage, transportation and distribution of Vimal Pan Masala as it is among the list of prohibited products containing tobacco or nicotine, which cause fatal illnesses like cancer.

The FDA has issued notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff, claiming that their brand endorsement of ‘Vimal Elaichi’ misleads consumers or indirectly promotes the brand identity of a prohibited product, which is Vimal Pan Masala. The three actors are the brand endorsers of Vimal Elaichi.

“Considering the nature of the advertisement, the identity of the brand, its presentation, visual elements, dialogue, product name, the market identity of the brand and the context in which the advertisement is presented, a serious question arises as to whether the said advertisement amounts to indirect, surrogate or other forms of promotion of a prohibited/restricted tobacco related product. In particular, if the use of the “VIMAL” brand under the name of Elaichi or a similar product is intended to maintain, reinforce or enhance the brand identity and consumer attraction associated with Pan Masala/tobacco related products, such communication may not merely constitute an advertisement for an independent product, but may amount to indirect or surrogate promotion of a prohibited/restricted product,” the notice has stated.

The FDA has said that such advertisements are in contravention to various sections of the Food Safety and Standards Act of 2006, and the rules and regulations introduced thereafter. This includes Section 24, which provides for restrictions on advertisement and prohibition as to unfair trade practices relating to food, and prohibits advertisements which are misleading.

It says that under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, the Food Business Operators and marketers are required to be truthful, unambiguous and not misleading. They are also not permitted to make claims which encourage excessive consumption of a particular food.

The FDA has said that the advertisement is in contravention of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, which pertain to substances which may be injurious to health.