Maharashtra's Food and Drug Administration (FDA) is moving ahead with proceedings over the Vimal pan masala advertising controversy, with Commissioner Tukaram Mundhe saying the hearings have concluded and the cases have been referred to the Joint Commissioner for adjudication.
According to Mundhe, all three individuals named in the proceedings responded to the FDA's notices and sought more time to address the allegations.
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Ajay Devgn, however, has separately approached the High Court, challenging the department's proceedings.
“One of the persons named, Ajay Devgn, has approached the High Court. However, we are proceeding with the matter,” Mundhe said.
Mundhe added that the Assistant Commissioner, who was the competent authority for the initial proceedings, had completed the hearings. The cases have now been referred to the Joint Commissioner, who will decide on the matter through the adjudication process.
At the centre of the controversy are high-profile Vimal Elaichi advertisements featuring Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff.
The Maharashtra FDA alleges that the campaign amounts to surrogate advertising, using the brand's distinctive identity and the actors' star power to maintain consumer recognition of Vimal pan masala despite the state's restrictions on the product.
The department's contention is that advertising cardamom under the Vimal brand could indirectly promote the restricted product by keeping its name and brand imagery visible to consumers.
The FDA issued show-cause notices to the three actors on August 11, asking them to explain their involvement in the campaign, submit documents establishing that Vimal Elaichi is a distinct product, and respond to the promotional content in question.
The case raises a broader regulatory question: can advertisements for a legally permitted product violate the law if they are alleged to indirectly promote a restricted product?
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The FDA has invoked provisions of the Food Safety and Standards Act, 2006, concerning misleading food advertisements. The applicable provisions and potential penalties will depend on the findings of the adjudication proceedings.
The controversy follows a July 2026 order prohibiting the manufacture, storage, transport, distribution and sale of pan masala in Maharashtra.
The actors' appearance in the advertisements does not, by itself, establish a violation. The central issue is whether the campaign amounts to indirect promotion of a restricted product under the applicable law.
With the proceedings now before the Joint Commissioner and Devgn's legal challenge before the High Court, the outcome could have implications for celebrity endorsements and the advertising of products that share branding with restricted goods.
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