The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their participation in an advertisement for Vimal Elaichi, alleging that the campaign may amount to surrogate or indirect promotion of a prohibited tobacco-related product.
The notices, issued last week by the assistant commissioner (food), Greater Mumbai division, question the use of the Vimal brand in an advertisement for elaichi, citing its association with pan masala and the possibility that the campaign could reinforce the brand identity of a prohibited product.
FDA has asked the three actors to explain within 15 days of receiving the notices why legal action should not be initiated against them for alleged violations of provisions of the Food Safety and Standards Act, 2006 (FSS Act), and other applicable laws and regulations.
The notices were also sent to the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority (CCPA).
Speaking with PTI, Maharashtra FDA commissioner Tukaram Mundhe, said, “Vimal manufactures and sells gutka; its advertisement claiming to be for 'Elaichi' appears to be surrogate promotion of a prohibited item in the state."
FDA Links Vimal Elaichi Ad to Prohibited Pan Masala
According to the FDA notice, an advertisement for Vimal Elaichi is being disseminated through television channels, digital media, social media platforms and other promotional channels.
After examining the advertisement, the regulator said it prima facie appeared to promote the Vimal brand, which is 'mainly associated with Pan Masala'.
The notice states that Vimal Pan Masala has been prohibited in Maharashtra for manufacture, storage, transportation, distribution and sale for one year, under a prohibition order issued by the Maharashtra commissioner of food safety on 13 July 2026.
FDA has alleged that the use of the expression ‘Vimal Elaichi’ could create an association with the Vimal pan masala brand and potentially mislead consumers by indirectly promoting the identity of the prohibited product.
The regulator said the nature of the advertisement, brand identity, presentation, visual elements, dialogue, product name and market identity would need to be examined to determine whether it amounts to indirect, surrogate or another form of promotion of a prohibited or restricted tobacco-related product.
Actors Asked to Disclose Endorsement Agreements
The notices identify Mr Khan, Mr Devgn and Mr Shroff as brand endorsers who participated in the advertisement.
FDA has sought information from the actors about their participation in the campaign, including documents relating to the endorsement and the due diligence undertaken before they agreed to promote the product.
The actors have been asked to provide details of:
- The due diligence conducted by them or their agencies before participating in the advertisement.
- The product, brand extension and nature of the advertised product.
- Evidence establishing whether Vimal Elaichi is an independent product available for sale or constitutes a surrogate or brand-extension communication.
- Copies of endorsement agreements and campaign briefs.
- Product information and payment or endorsement arrangements.
- Details of the advertising agency and brand owner.
- Television channels, digital platforms, social media platforms and other media through which the advertisement was disseminated.
- The period during which the campaign was broadcast or published.
- Any material connection between the endorsers and the advertiser or brand owner.
The actors have also been asked to submit written explanations as to why legal action should not be initiated against them.
FDA cites ₹10 Lakh Penalty for Misleading Advertisements
The regulator has invoked Section 24 of the Food Safety and Standards Act, 2006, which places restrictions on food advertisements and prohibits misleading advertisements and unfair trade practices relating to food.
The notice also cites Section 53 of the Act, under which a person who publishes, or is a party to the publication of, an advertisement that falsely describes a food or is likely to mislead consumers can face a penalty of up to ₹10 lakh.
FDA said the direct participation of the three actors as endorsers would be examined to determine whether they could be considered ‘party to the publication’ of the advertisement.
The notice also refers to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, which prescribe requirements for food-related advertising and marketing communications, including that claims should be truthful, unambiguous, meaningful and not misleading.
COTPA provisions Also Cited
FDA has also cited provisions of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA). Section 5 of COTPA prohibits direct and indirect advertising of cigarettes and other tobacco products, as well as participation in advertisements that directly or indirectly suggest or promote their use.
FDA said that if it is established that the Vimal brand communication, although ostensibly relating to elaichi, actually promotes or reinforces the brand identity of tobacco- or nicotine-containing products such as gutkha or pan masala containing tobacco, the advertisement and participation of the endorsers could additionally attract provisions of Section 5 read with Section 22 of COTPA.
Surrogate Advertising under Scrutiny
The notice also invokes the Central Consumer Protection Authority’s Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.
FDA said the guidelines contain provisions dealing with surrogate and indirect advertisements, and that restrictions apply where advertisements for other goods or services are used to directly or indirectly promote goods or services whose advertising is prohibited or restricted by law.
The regulator said it was therefore necessary to examine whether the Vimal Elaichi communication was intended to promote or reinforce the brand identity of a product prohibited or restricted under law.
Television Broadcast May Also Face Scrutiny
The Maharashtra FDA has also referred to the Advertising Code under the Cable Television Networks Rules, 1994.
The notice states that the relevant provisions restrict advertisements that directly or indirectly promote cigarettes, tobacco products and other specified products. It also permits the use of a brand name associated with prohibited products only subject to conditions intended to ensure that the advertised product is genuine and that there is no direct or indirect reference to the prohibited product.
FDA said the television broadcast of the Vimal Elaichi advertisement would therefore also be examined for possible contravention of the Advertising Code.
15 Days to Respond
The three actors have been given 15 days from receipt of the notices to submit written explanations and supporting documents.
They can also request a personal hearing, either personally or through an authorised representative.
FDA has warned that if no explanation is received within the stipulated period, or if the explanation is found unsatisfactory, further action may be initiated under the Food Safety and Standards Act, its rules and regulations, without further reference or notice.
The notice has been issued without prejudice to any other action that may be permissible under applicable law.
The action puts celebrity endorsements of pan masala and so-called brand-extension products under renewed regulatory scrutiny, particularly where a brand associated with a restricted or prohibited tobacco-related product is promoted through another ostensibly permissible product.
