The Maharashtra Food and Drug Administration has issued show-cause notices to Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their appearance in Vimal Elaichi advertisements, with the regulator warning of a fine of up to Rs 10 lakh if their responses are found unsatisfactory.
Speaking to reporters on Tuesday, Maharashtra FDA Commissioner Tukaram Mundhe said the department had been examining the advertisements and warned that surrogate, false and misleading advertisements are prohibited and can invite legal action.
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“We were observing and examining this. You can say that this comes a little later, but better late than never. We are working and there should indeed be some impact,” Mundhe told news agency ANI.
“There are regulations for all such surrogate, false and misleading ads. No surrogate and misleading ads can be made. There are restrictions on it and they are prohibited. Legal action can be taken,” he added.
The notices seek explanations from the three actors over their participation in the Vimal Elaichi campaign and ask them to clarify why legal action should not be initiated against them.
Mundhe, on being asked by ANI on what action could be taken if the actors' response is unsatisfactory, said, "This invites a fine up to Rs 10 Lakh in the first stage. If we are still not satisfied, action will be taken under FSSAI Act's clauses about prohibited items."
The FDA has alleged that the advertisements create an association between Vimal Elaichi and Vimal Pan Masala, a product prohibited for manufacture, storage, transportation, distribution and sale in Maharashtra.
According to a nine-page notice issued by the FDA, the use of the expression “Vimal Elaichi” in the advertisement “appears to create an association with the VIMAL Pan Masala brand”.
The actors have been asked to submit their written responses within 15 days.
The notices were served at Shah Rukh Khan's Bandra residence, Ajay Devgn's Juhu home and Tiger Shroff's production house.
The FDA has also sought details of their participation in the campaign, including endorsement agreements and other relevant documents.
Mundhe said the regulator would examine whether the advertisements merely promoted an independent elaichi product or were intended to reinforce the brand identity associated with pan masala.
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“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.
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