Maharashtra's Food & Drug Administration (FDA) has served notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their endorsement of Vimal Elaichi, which is deemed an indirect promotion of the banned Vimal Pan Masala. The agency cites violations of multiple advertising regulations and warns of hefty fines and endorsement bans.
Key Takeaways
- Maharashtra FDA issued notices to three top actors for the Vimal Elaichi ad.
- The ad is considered indirect promotion of the prohibited Vimal Pan Masala.
- Violators face fines up to ₹10 million and possible one‑year endorsement bans.
The state FDA alleges that the celebrities’ brand endorsement misleads consumers by presenting “VIMAL” under the guise of “Elaichi,” thereby sustaining the market identity of the banned tobacco‑based pan masala. The agency argues that the visual elements, dialogue and product naming are crafted to keep the prohibited product in public consciousness.
Legally, the advertisement breaches the Food Safety and Standards Act, 2006 (Section 24), the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and the COPTA, 2003. It also violates the Central Consumer Protection Authority’s 2022 guidelines on misleading endorsements and the Consumer Protection Act, 2019 (Section 21), which empower authorities to impose penalties and restrict future endorsements.
Penalties can reach up to ₹10 lakh for a first‑time violation, escalating to ₹50 lakh for repeat offenses. Additionally, the FDA can order the removal or modification of the ad and bar the endorser from any product endorsement for up to one year, extendable to three years for subsequent breaches.
Actors have 15 days from receipt of the notice to submit a written response, either personally or through an authorized representative, accompanied by documentary evidence. No in‑person appearance is mandatory unless the respondent expressly requests a hearing.
Historical Background
Vimal Pan Masala was banned in Maharashtra in 2015 due to its tobacco and nicotine content, which are linked to cancers and other fatal illnesses. Despite the ban, companies have historically attempted to re‑brand the product under different names, prompting stricter surveillance by the FDA.
Why This Matters
BozokMedia analysis shows that celebrity endorsements dramatically amplify product reach, especially in tier‑2 and tier‑3 markets where star power heavily influences purchasing decisions. Indirect promotion of tobacco‑related products through such high‑profile ads poses a serious public‑health risk, potentially increasing cancer incidence.
“The ad essentially serves as a surrogate for a banned tobacco product, endangering public health on a massive scale.” – Dr. Ramesh Kumar, Public Health Expert.
Frequently Asked Questions
- Do the actors have to appear in person before the FDA? No, they can submit a written explanation through a representative.
- What happens if they ignore the 15‑day deadline? The FDA may impose fines and order the immediate removal of the advertisement.