Case Law

Maharashtra FDA Issues Show-Cause Notices to Ajay Devgn, Shah Rukh Khan, Tiger Shroff Over Vimal Elaichi Ad

India·Briefly Analysis⏱️ 4 min read

Summary

  • Maharashtra FDA issues show-cause notices to Ajay Devgn, Shah Rukh Khan, and Tiger Shroff over Vimal Elaichi advertisement.
  • FDA questions whether the advertisement indirectly promotes Pan Masala brand, citing prohibition order under Section 30(2)(a) of the Food Safety and Standards Act, 2006.
  • Actors must provide documents related to due diligence, endorsement agreements, and campaign briefs within 15 days from receipt of notices.

What Happened

The notice further states that Vimal Pan Masala has been prohibited from manufacture, storage, transportation, distribution, and sale in Maharashtra for one year under a prohibition order dated July 13, 2026, issued by the Commissioner of Food Safety, Maharashtra, under Section 30(2)(a) of the Food Safety and Standards Act, 2006.

The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to actors Ajay Devgn, Shah Rukh Khan, and Tiger Shroff over their participation in an advertisement for Vimal Elaichi. The notices, dated August 11, 2026, question whether the campaign amounts to indirect promotion of a prohibited or restricted product. Specifically, the FDA is concerned that the use of the expression 'VIMAL Elaichi' creates an association with the VIMAL Pan Masala brand and may mislead consumers.

The notices also reference Section 24 of the Food Safety and Standards Act, 2006, which prohibits misleading advertisements and representations concerning food. The FDA has invoked this section to emphasize that the advertisement in question may be in violation of this provision. Furthermore, the notice relies on provisions from the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which prohibit direct and indirect tobacco advertising.

The actors have been asked to provide documents related to their due diligence before participating in the advertisement, as well as details about their endorsement agreements, campaign briefs, payment arrangements, and the advertising agency and brand owner. They must also submit written explanations and supporting documents within 15 days from receipt of the notices.

Legal Context

The Maharashtra FDA's action is based on a prohibition order dated July 13, 2026, issued by the Commissioner of Food Safety, Maharashtra, under Section 30(2)(a) of the Food Safety and Standards Act, 2006. This order prohibits the manufacture, storage, transportation, distribution, and sale of Vimal Pan Masala in Maharashtra for one year.

The FDA's reliance on this provision highlights the importance of compliance with regulatory requirements in endorsement contracts. The notice also references Section 53 of the Food Safety and Standards Act, 2006, which allows for a penalty of up to ₹10 lakh for publishing or being party to an advertisement that falsely describes food or is likely to mislead consumers.

Furthermore, the FDA has invoked provisions from the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) dealing with direct and indirect tobacco advertising. This emphasizes the risk of brand endorsers being held liable for allegedly promoting prohibited or restricted products.

Why It Matters

This development highlights the importance of due diligence in endorsement contracts and ensuring compliance with relevant regulations. The Maharashtra FDA's action serves as a reminder to brand endorsers that they may be held liable for allegedly promoting prohibited or restricted products.

The notice also underscores the need for actors and advertising agencies to carefully review their contracts and ensure that they are not inadvertently promoting prohibited or restricted products. This case emphasizes the importance of transparency and accountability in endorsement deals, particularly when it comes to regulated products like tobacco-related items.

Ultimately, this development has significant implications for the entertainment industry, as well as for consumers who may be misled by advertisements. It highlights the need for stricter regulations and enforcement mechanisms to prevent misleading advertising practices.

Practical Implications

This development highlights the risk of brand endorsers being held liable for allegedly promoting prohibited or restricted products, emphasizing the importance of due diligence in endorsement contracts and ensuring compliance with relevant regulations.

Source

Source: Original reporting via Vimal Elaichi Ad | Maharashtra FDA Issues Show-Cause Notices To Ajay Devgn, Shah Rukh Khan, Tiger Shroff

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Maharashtra FDA Issues Show-Cause Notices to Ajay Devgn, Shah Rukh Khan, Tiger Shroff Over Vimal Elaichi Ad | Briefly