Maharashtra FDA sends notice to film stars over Vimal Elaichi advertisement

The Maharashtra FDA has issued a show-cause notice to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their advertisement for Vimal Elaichi, claiming it prima facie amounts to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products.

The use of the expression “VIMAL Elaichi” in the advertisement appeared to create an association with the Vimal Pan Masala brand and could mislead consumers while indirectly promoting the prohibited product, the Food and Drug Administration (FDA) said.

The issue was particularly serious because the advertisement used the same brand identity associated with Vimal Pan Masala, the FDA’s Greater Mumbai division said in the notice issued on August 11, which described the three actors as brand endorsers and sought their response within 15 days.

Terming the notice a “final warning”, it said the advertisement appeared prima facie to be a misleading advertisement relating to food and contrary to provisions of the Food Safety and Standards Act, 2006 and the regulations framed under it.

It also flagged possible violations concerning surrogate or indirect advertising under other laws and guidelines.

The FDA has directed the actors to immediately discontinue their participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove the promotional content from their official social media handles, websites and other digital platforms under their control. It also directed them not to provide any further cooperation or assistance in the broadcasting, publication, dissemination or promotion of the advertisement in any form. The notice further asks the actors to furnish details of the due diligence undertaken by them or their agencies before participating in the campaign.

The action follows the FDA’s examination of an advertisement for Vimal Elaichi, which it said was being disseminated through television channels, digital, social media platforms and other promotional media.

According to the notice, the Vimal brand is prominently associated with pan masala in Maharashtra, where pan masala containing prohibited substances is banned.

The notice asked the actors to provide documentary evidence to show whether Vimal Elaichi is an independent product actually available for sale in the market or whether it constitutes a surrogate or brand-extension communication intended to promote Vimal pan masala or tobacco-related products.

They have also been asked to furnish copies and details of their endorsement agreements, campaign briefs, product information, payment or endorsement arrangements, as well as details of the advertising agency and brand owner involved in the campaign, said the order.

The FDA has sought details of all TV channels, digital and social media platforms and other media on which the advertisement was broadcast or published with the actors’ participation, along with the period of such dissemination. The notice also seeks disclosure of any material connection between the endorsers and the advertiser or brand owner.

The actors have been given 15 days from the date of receipt of the notice to submit written explanations and supporting documents. They can also seek a personal hearing, either in person or through an authorised representative.

The FDA warned that if no explanation is received within the stipulated period, or if the explanation is found unsatisfactory, further action may be initiated without any further notice.

The notice comes against the backdrop of a prohibition order dated July 13, issued by the Maharashtra Food Safety Commissioner under Section 30(2)(a) of the Food Safety and Standards Act. The order remains in force for one year and covers specified tobacco, nicotine and areca-nut-based prohibited food products.

The FDA said the Vimal brand was prominently associated with pan masala in the market and that enforcement action was being taken against the manufacture, storage, transportation, distribution and sale of prohibited pan masala products in the state.

The department has also submitted copies of the notice to the Chief Executive Officer of the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority for information and appropriate action.

It also refers to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, including provisions requiring claims to be truthful, unambiguous and not misleading, and Regulation 15 concerning discontinuation and corrective advertisements.

Under Section 21 of the Consumer Protection Act, the Central Consumer Protection Authority can direct discontinuation or modification of a misleading advertisement, impose penalties on endorsers and, in specified circumstances, prohibit an endorser from endorsing products or services for a prescribed period.

The Maharashtra FDA, under Commissioner Tukaram Mundhe, has been conducting widespread inspections of food outlets and products to check safety, hygiene, and related issues.