Ajay Devgn has moved the Bombay High Court against a show-cause notice issued by Maharashtra's Food and Drugs Administration (FDA) over his Vimal Elaichi advertisement.
The actor has called the notice a “mere farce and an empty formality”, saying the authority had already decided that his ad promoted Vimal Pan Masala before hearing his explanation.
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Why Did The FDA Issue The Notice?
The FDA issued notices to Devgn, Shah Rukh Khan and Tiger Shroff on August 16 over their association with Vimal Elaichi and Vimal Pan Masala advertisements.
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The regulator claimed that the ads indirectly promoted pan masala or gutkha, products prohibited in Maharashtra. It asked the actors to stop appearing in the campaign, remove promotional content from digital platforms and share details of the checks they had carried out before endorsing the product.
The FDA cited the Food Safety and Standards Act, 2006, and the Food Safety and Standards (Advertising and Claims) Regulations, 2018. It said celebrities could be held responsible for the products they promote.
What Is Devgn's Argument?
In his petition, filed on October 15, Devgn said the notice issued on August 16 was “premeditated and predetermined”. He accused the FDA of acting unfairly and said its decision went against the principles of natural justice.
Devgn replied to the notice on August 21, saying he had endorsed only Vimal Elaichi and had not promoted Vimal Pan Masala. He also pointed out that Elaichi was legally available in the market.
“The product is available in the market, and its sale has not been prohibited,” his reply stated. It added that the ad did not mention any other product, that he had carried out due diligence and that he had “no role in the broadcast of the advertisement or the business”.
In his petition, Devgn said the FDA had wrongly linked Vimal Elaichi with Vimal Pan Masala and had approached the matter with a “closed mind”. He argued that the regulator's directions went beyond asking for an explanation and made him appear guilty before the issue was examined.
The actor has also challenged the order asking him to stop participating in the advertisement. He said the ad was for a legal product and that the direction unfairly affected his right to work and pursue his profession. The petition is likely to be heard on November 4.
Delhi HC Declines To Hear The Case
On September 14, the Delhi High Court rejected the Vimal maker's plea against the Maharashtra FDA notices, saying the case should be heard in Maharashtra. The court did not decide whether the advertisements were legal.
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