The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their endorsement of Vimal Elaichi, saying it prima facie amounts to "indirect or surrogate" promotion of prohibited pan masala and tobacco-related products.
The action follows the FDA's examination of the Vimal Elaichi advertisement, which was being disseminated through television, digital and social media platforms and other promotional channels. The actors had featured in a 2024 campaign for Vimal Elaichi, a cardamom product associated with the Vimal brand.
The FDA's Greater Mumbai division said the use of the expression "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 notice, issued on August 11, described the three actors as brand endorsers and gave them 15 days from the date of receipt to submit their written explanations. It termed the communication a "final warning" and said the advertisement appeared prima facie to be misleading and contrary to provisions of the Food Safety and Standards Act, 2006, and regulations framed under it.
"Upon examination of the said advertisement, it prima facie appears that the advertisement promotes the VIMAL brand, which is mainly associated with Pan Masala, a product prohibited for manufacture, storage, transportation, distribution and sale in the State of Maharashtra," the notice said.
"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 said.
The FDA has directed the actors to immediately discontinue their participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove related promotional material from their official social media handles, websites and other digital platforms under their control.
They have also been directed not to provide any further cooperation or assistance in the broadcasting, publication, dissemination or promotion of the advertisement in any form.
The notice asks the actors to furnish documentary evidence establishing whether Vimal Elaichi is an independent product actually available in the market or constitutes a surrogate or brand-extension communication intended to promote Vimal pan masala or tobacco-related products.
The FDA has sought copies of their endorsement agreements, campaign briefs, product information, payment and endorsement arrangements, details of the advertising agency and brand owner, and information on the due diligence undertaken by the actors or their agencies before participating in the campaign.
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 forwarded copies of the notice to the Chief Executive Officer of the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority (CCPA) for information and appropriate action.
The FDA warned that if no explanation is received within the stipulated 15-day period, or if the response is found unsatisfactory, further action may be initiated without any further notice. The actors have the option of seeking a personal hearing, either in person or through an authorised representative.
The action comes as Maharashtra FDA, under Commissioner Tukaram Mundhe, continues inspections and enforcement drives targeting food safety, hygiene and prohibited food products across the state.
(With inputs from PTI)
