Mumbai: The Maharashtra FDA has issued a show-cause notice to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their advertisement for Vimal Elaichi, claiming it prima facie amounts to "indirect or surrogate" promotion of prohibited pan masala and tobacco-related products.
The use of "VIMAL Elaichi" in the advertisement appeared to create an association with the Vimal Pan Masala brand and could mislead consumers while indirectly promoting the prohibited product, the Food and Drug Administration (FDA) said.
The FDA's Greater Mumbai division, in the notice issued on August 11, described the three actors as brand endorsers and sought their response within 15 days. It termed the notice a "final warning" and said the advertisement appeared to be misleading and contrary to provisions of the Food Safety and Standards Act, 2006 and related regulations.
The FDA has directed the actors to immediately discontinue their participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove the promotional content from their official social media handles, websites and other digital platforms. They have also been asked to provide details of their due diligence, endorsement agreements and arrangements involving the advertising agency and brand owner.
The notice asked the actors to provide documentary evidence showing whether Vimal Elaichi is an independent product available for sale or whether it constitutes a surrogate or brand-extension communication intended to promote Vimal pan masala or tobacco-related products.
The actors have been given 15 days from the date of receipt of the notice to submit written explanations and supporting documents. They can also seek a personal hearing. The FDA warned that if no explanation is received or the response is found unsatisfactory, further action may be initiated.
The notice comes against the backdrop of a prohibition order dated July 13, issued by the Maharashtra Food Safety Commissioner under Section 30(2)(a) of the Food Safety and Standards Act. The order remains in force for one year and covers specified tobacco, nicotine and areca-nut-based prohibited food products.
The department has also submitted copies of the notice to the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority.
Under Section 21 of the Consumer Protection Act, the Central Consumer Protection Authority can direct discontinuation or modification of a misleading advertisement and impose penalties on endorsers.