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

The Maharashtra Food and Drug Administration (FDA) has initiated regulatory scrutiny over a 2024 commercial for Vimal Elaichi, sending show-cause notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. The authority is examining whether the campaign functions as surrogate advertising that indirectly promotes prohibited pan masala products under the guise of marketing a cardamom mouth freshener.

What Happened

Maharashtra FDA Commissioner Tukaram Mundhe issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff regarding their appearance in a 2024 promotional campaign for Vimal Elaichi. While Vimal Elaichi is presented commercially as a cardamom-based mouth freshener, the regulatory body expressed concern over its branding and strong association with the wider Vimal pan masala label.

According to a nine-page show-cause notice accessed by NDTV, the FDA noted that the use of the “VIMAL Elaichi” branding could create an association with Vimal Pan Masala, a product prohibited in Maharashtra. The authority highlighted that the advertisement could potentially mislead consumers by indirectly promoting a banned product identity. Consequently, the FDA directed the three actors to halt their participation in the campaign, remove related promotional posts from their official social media handles, and submit explanations regarding their involvement.

To assess compliance with consumer protection standards, the FDA has requested copies of the actors’ endorsement contracts, campaign briefs, payment arrangements, and documentation showing the due diligence undertaken prior to signing the campaign.

Key Highlights

• Actors Involved: Show-cause notices were sent to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their 2024 Vimal Elaichi commercial.
• Regulatory Concerns: The Maharashtra FDA is questioning whether the advertisement serves as surrogate promotion for Vimal Pan Masala, which is prohibited in the state.
• Immediate Directives: The actors have been instructed to withdraw from the campaign, delete promotional materials from their social media accounts, and submit formal explanations.
• Information Demanded: Authorities have requested endorsement agreements, payment details, campaign briefs, and proof of due diligence from the endorsers.
• Potential Repercussions: The show-cause notices reference potential penalties ranging from Rs 10 lakhs to Rs 50 lakhs and potential bans on endorsing products for up to three years.
• Legal Provisions Cited: The notices refer to the Central Consumer Protection Authority’s 2022 guidelines on misleading advertisements and Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003.

Why This Matters

The regulatory inquiry directly addresses the legal boundaries of surrogate advertising—a practice where a company markets a permissible product in a manner that reinforces the visibility or recognition of a restricted or prohibited product sharing similar branding. Direct advertising of tobacco items is barred under Indian law, specifically Section 5 of the Cigarettes and Other Tobacco Products Act, 2003, which covers indirect promotional tactics.

The issue does not revolve around the legality of selling or consuming cardamom-based mouth fresheners. Instead, the FDA’s focus is on whether using the Vimal brand name in high-profile campaigns maintains, reinforces, or enhances public recall of pan masala and tobacco-linked lines. Furthermore, by invoking the Central Consumer Protection Authority’s (CCPA) Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, the action places explicit scrutiny on the legal accountability and due diligence obligations of celebrity brand ambassadors.

Maharashtra maintains an established regulatory framework restricting gutka and pan masala products. In 2012, the Bombay High Court upheld state restrictions on products containing prohibited substances like tobacco, nicotine, and magnesium carbonate under the Food Safety and Standards Act, 2006, reaffirming the Food Safety Commissioner’s authority to act against such items.

What to Watch Next

The notices issued to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff are show-cause notices rather than a final ruling of legal violation. The actors have been given the opportunity to file their responses, supply the requested due diligence and contractual documentation, and explain their positions. Any subsequent regulatory action, including whether penalties or endorsement restrictions ranging from Rs 10 lakhs to Rs 50 lakhs or bans up to three years will apply, depends on their formal replies and the findings of the authorities.

Frequently Asked Questions

Why did the Maharashtra FDA issue notices to the actors?

The FDA issued notices to determine whether the 2024 Vimal Elaichi campaign indirectly promotes Vimal Pan Masala, a product banned in Maharashtra, thereby potentially misleading consumers through surrogate advertising.

What specific actions were the actors instructed to take?

The FDA instructed Shah Rukh Khan, Ajay Devgn, and Tiger Shroff to discontinue their involvement in the campaign, remove promotional content from their social media platforms, and submit their responses along with endorsement agreements and due diligence records.

Have the actors been fined or banned?

No final penalties or bans have been imposed. The notices cite possible fines between Rs 10 lakhs and Rs 50 lakhs and endorsement restrictions of up to three years, but actual outcomes depend on the actors’ responses and the FDA’s subsequent findings.

Source: Bollywood Hungama report citing NDTV access to Maharashtra FDA documents.