The makers of Vimal Elaichi on Monday moved the Delhi High Court challenging show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to brand ambassadors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over the alleged surrogate promotion of banned pan masala.
A single-judge bench of Justice Swarana Kanta Sharma reserved its order on whether the Delhi High Court has territorial jurisdiction to hear the petition.
In its plea, PB Agro, which markets Vimal Elaichi, said it engages reputed actors to endorse the cardamom product and that its advertising campaigns comply with applicable laws.
The company challenged the FDA's August 11 notice, which directed the three actors to furnish documents establishing that Vimal Elaichi is distinct from the banned pan masala products and asked that the promotional campaign be stopped and related material withdrawn from digital platforms.
PB Agro argued that the notice was issued only to the actors and not to the company, despite the company being directly affected by any regulatory action. It also claimed it was not given an opportunity to be heard.
The company contended that the Maharashtra FDA had no jurisdiction to direct a halt to the advertisements. It further argued that allegations of surrogate advertising were baseless, saying Vimal pan masala had not been manufactured or sold in Maharashtra since 2001.
The plea also referred to the Supreme Court's 2013 ban on pan masala containing tobacco across the country.
Opposing the petition, counsel for the Centre and the Central Consumer Protection Authority (CCPA) argued that the company should approach the Bombay High Court, as the notices were issued by a Maharashtra government authority.
(With inputs from PTI)
