Daijiworld Media Network - Mumbai
Mumbai, Aug 16: The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to Bollywood actors Ajay Devgn, Shah Rukh Khan and Tiger Shroff over their association with a Vimal Elaichi advertisement, alleging that the campaign could amount to surrogate promotion of Vimal Pan Masala, a product prohibited in the state.
The notices, issued this week, seek explanations from the three actors regarding their participation in the campaign and the manner in which the Vimal brand is presented. The regulator has questioned whether the advertisement creates an indirect association with a prohibited tobacco-related product.
The notice served on Devgn was sent to his residence in Juhu, while Khan was served at Mannat in Bandra. Shroff was issued the notice through his production company, Tiger Shroff Productions LLP.
The FDA said its examination of the advertisement raised concerns over its presentation, dialogue, product branding and the wider market association of the Vimal name.
"Upon examination of the said advertisement, it prima facie appears that the advertisement promotes the Vimal brand," the notice said, adding that the brand is "mainly associated with Pan Masala".
The regulator said pan masala containing tobacco or nicotine has been prohibited in Maharashtra for manufacture, storage, transportation, distribution and sale under an order issued under Section 30(2)(a) of the Food Safety and Standards Act, 2006. The latest prohibition came into force on July 13 and is valid for one year.
The FDA has invoked Section 24 of the FSS Act, which deals with misleading or deceptive food advertisements, as well as Section 53, which provides for a penalty of up to Rs 10 lakh for those found to be party to the publication of a misleading food advertisement. The regulator has also referred to the Food Safety and Standards (Advertising and Claims) Regulations, 2018.
The notices specifically seek to examine the actors' role as endorsers and whether their participation could constitute indirect or surrogate advertising of a prohibited product.
The action comes amid an intensified crackdown by the Maharashtra FDA on the manufacture, distribution and sale of gutkha and tobacco- or nicotine-containing pan masala.
According to FDA data, between May 25 and July 31, officials raided 658 establishments where banned products were allegedly found. The department seized stock worth Rs 15.11 crore, registered 519 FIRs and arrested 701 people. It also seized 78 vehicles allegedly being used to transport banned products, with the goods valued at Rs 6.6 crore.
The crackdown has also involved coordination with the police. On June 12, FDA Commissioner Tukaram Mundhe directed officials to work with the police to explore invoking the Maharashtra Control of Organised Crime Act, 1999, in cases involving eligible organised networks dealing in gutkha, tobacco, nicotine-containing pan masala and similar prohibited products.
The Vimal campaign has previously faced scrutiny from another regulator. In 2018, the Directorate General of Health Services issued show-cause notices to Vishnu Pouch Packaging Pvt Ltd under the Cigarettes and Other Tobacco Products Act, alleging that its promotion of Vimal Elaichi amounted to indirect advertising of tobacco products and used a Bollywood celebrity to appeal to younger audiences.
The company disputed the allegations, stating that it did not manufacture tobacco products under the Vimal brand for the domestic market.
In January 2024, the Delhi High Court dismissed DGHS appeals against trial court orders that had stayed the notices. The court noted that the company could carry on its business of selling pan masala without tobacco, subject to constitutional and legal requirements, while the issue of whether the advertising amounted to surrogate promotion remained contested.
The latest notices have been issued under food-safety legislation in Maharashtra and are separate from the earlier proceedings under COTPA.
The FDA's action against the actors also comes days after a statewide inspection drive targeting food businesses operating through online delivery platforms and other establishments.
According to an official FDA release cited by ANI, officials inspected 86 establishments on August 13 and issued 60 improvement notices. One establishment was ordered to stop operations, while 14 food-business licences were suspended with immediate effect. The suspended licences included five linked to Blinkit, five to Zepto, two to Instamart, seven to Bhagwati Store and one to Swinsta Ent Pvt Ltd, as stated in the release.
The department also seized 698 kg of dairy products valued at Rs 34,302 during the drive and registered 10 FIRs over the alleged sale, distribution and transportation of banned food products, including pan masala and gutkha. Nine people were arrested and banned stock worth Rs 46.76 lakh was seized, according to the FDA release.
A further 1,270 kg of food products, including milk and dairy items, bakery products and edible oil, valued at around Rs 1.30 lakh, were seized.
The FDA also inspected 109 hotels, restaurants, dhabas and other food establishments, issuing 49 improvement notices and suspending four food-business licences.