The Maharashtra Food and Drug Administration (FDA), led by Commissioner Tukaram Mundhe, has issued show-cause notices to Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their appearance in a Vimal Elaichi advertisement.
The notices have sparked a debate over celebrity endorsements and whether advertising a legal mouth freshener can indirectly promote a restricted pan masala brand.
What Is The Vimal Elaichi Controversy?
The actors appeared in a Vimal Elaichi campaign released in 2024.
According to the FDA notice, the branding and presentation of the advertisement may create an association between Vimal Elaichi and Vimal Pan Masala.
The authority is examining whether the campaign could amount to surrogate or indirect advertising of a product prohibited in Maharashtra.
Why Did The FDA Issue Notices?
The FDA has questioned whether the advertisement could reinforce the brand identity of Vimal Pan Masala through the promotion of Vimal Elaichi.
The notice reportedly asks the actors to explain their involvement in the campaign and directs them to discontinue participation and remove related promotional material from their social media accounts.
The notices are show-cause notices, meaning the actors have been asked to explain their position. They do not by themselves establish that the celebrities committed an offence.
What Is Vimal Elaichi?
Vimal Elaichi is marketed as a cardamom-based mouth freshener.
According to the product information cited in the report, it contains ingredients including cardamom seeds, edible silver foil and saffron.
The product is presented as a post-meal mouth freshener.
Why Is Surrogate Advertising A Concern?
The main issue raised by the Maharashtra FDA is surrogate advertising.
In simple terms, regulators may consider an advertisement surrogate advertising if a legal product is used to maintain or strengthen public recognition of a restricted product carrying the same or closely associated brand identity.
The FDA believes the Vimal Elaichi campaign may need to be examined from this perspective.
What Does The Tobacco Advertising Law Say?
The FDA has referred to Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003.
The provision prohibits direct and indirect advertising of cigarettes and other tobacco products.
The authority has indicated that if the advertisement is found to indirectly promote a tobacco-containing product, additional legal provisions could become relevant.
Why Are The Celebrities Being Questioned?
The notices also raise questions about the responsibilities of celebrity endorsers.
The FDA has referred to the Central Consumer Protection Authority’s guidelines on misleading advertisements and endorsements.
These guidelines require endorsers to carry out due diligence and ensure that their claims and endorsements are not deceptive.
The FDA is therefore seeking clarification on whether the celebrities adequately checked the product and the nature of the endorsement before participating in the campaign.
What Penalties Could Apply?
The notice refers to provisions under consumer protection law that can impose financial penalties for misleading endorsements.
Depending on the findings, penalties can reportedly range from ₹10 lakh to ₹50 lakh.
Endorsers may also face restrictions on future endorsements, including a possible ban on endorsing products for a specified period.
The exact consequences, if any, would depend on the findings and the applicable legal proceedings.
Maharashtra’s Stand On Gutka And Pan Masala
Maharashtra has maintained restrictions on gutka and pan masala.
The Bombay High Court upheld the state’s ban on these products in 2012, recognising the authority of food regulators to restrict products considered harmful to public health.
This background is important to understanding why the state FDA is closely examining advertising associated with pan masala brands.
What Happens Next?
The celebrities have been asked to respond to the notices.
The regulatory process will determine whether the advertisement violated applicable laws or endorsement guidelines.
Until the authorities reach a conclusion, the allegations against the advertisement and the endorsers should not be treated as established violations.
Conclusion
The notices issued to Shah Rukh Khan, Ajay Devgn and Tiger Shroff have brought the issue of celebrity endorsements and surrogate advertising back into the spotlight.
The Maharashtra FDA is questioning whether the Vimal Elaichi advertisement could indirectly promote a pan masala brand prohibited in the state.
The actors have been asked to explain their involvement, while the regulatory authorities will determine whether any further action is required.
FAQ
Why did Shah Rukh Khan, Ajay Devgn and Tiger Shroff receive notices?
They received show-cause notices over their participation in a Vimal Elaichi advertisement that the Maharashtra FDA believes may indirectly promote the Vimal pan masala brand.
What is surrogate advertising?
Surrogate advertising refers to promoting a legal product or brand in a way that may indirectly reinforce the identity or recall of a restricted or prohibited product.
Is Vimal Elaichi the same as Vimal Pan Masala?
No. They are marketed as separate products. The controversy concerns whether the advertising of Vimal Elaichi indirectly reinforces the identity of the pan masala brand.
What did the FDA ask the actors to do?
The notices reportedly seek explanations from the actors and direct them to discontinue participation in the campaign and remove related promotional content from their social media accounts.
Have the actors been found guilty of breaking the law?
No. The notices are part of the regulatory process and seek explanations. Any further action would depend on the authorities’ findings.