Delhi High Court Deliberates on Vimal Elaichi's Surrogate Advertisement Controversy

Court's Decision on Jurisdiction Awaited

In New Delhi, the Delhi High Court has reserved its judgment regarding the jurisdiction in a case brought forth by a company linked to Vimal Elaichi. This case challenges the show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff, concerning an alleged surrogate advertisement for Vimal pan masala.

Justice Swarana Kanta Sharma, presiding over a single-judge bench, has withheld the ruling on whether the Delhi High Court has the authority to hear the petition from the company, which seeks to annul the notices from the Maharashtra FDA.

During the proceedings, the petitioner argued that the notices were directed solely at the actors, neglecting the company that could face significant damage from any actions taken against the advertisement.

The company further asserted that the Maharashtra FDA lacked the jurisdiction to issue directives aimed at stopping the advertisement.

In contrast, the Centre and the Central Consumer Protection Authority (CCPA) contended that the petition should have been submitted to the Bombay High Court, as the actions in question were initiated by the Maharashtra FDA.

The CCPA indicated that while it was independently reviewing the matter, it had no objections to the notices issued by the Maharashtra FDA.

The court was also informed that the CCPA was investigating similar allegations regarding the advertisement but had not yet taken any action against the campaign.

This situation arose from the Maharashtra FDA's notices to the three actors regarding their participation in an advertisement for Vimal Elaichi. The regulator claimed that the campaign constituted surrogate advertising for Vimal Pan Masala, a product banned in Maharashtra, and sought explanations from the actors about their roles in the advertisement.

The FDA invoked Section 24 of the Food Safety and Standards (FSS) Act, 2006, which prohibits misleading advertisements related to food products. It also referenced Section 53, which allows for penalties of up to Rs 10 lakh for deceptive food advertisements.

These notices were part of a broader enforcement initiative by the Maharashtra FDA against gutka and pan masala products containing tobacco.

The regulator alleged that the advertisement indirectly promoted the Vimal Pan Masala brand by endorsing another product under the Vimal name.

The FDA's notice indicated that, at first glance, the advertisement seemed to endorse the Vimal brand, which is primarily linked to pan masala, a product that has been prohibited in Maharashtra for manufacturing, storage, transportation, distribution, and sale for one year, following a prohibition order issued on July 13 this year.

Notices were delivered to Devgn at his residence in Juhu and to Shah Rukh Khan at Mannat in Bandra. Shroff received his notice through his production company, Tiger Shroff Productions LLP.

Recently, the Maharashtra FDA confirmed that it had received responses from Shroff and Devgn, while Shah Rukh Khan's response is still pending.

The regulator stated it is reviewing the responses to determine if the claims made in the advertisement and the promotion of the product comply with relevant regulations before deciding on further actions. The FDA also mentioned that an investigation is ongoing regarding the allegation that the advertisement promotes the sale of a different product through surrogate marketing.

Under the leadership of Commissioner Tukaram Mundhe, the Maharashtra FDA has intensified its enforcement efforts against violations of food safety regulations across the state, including actions related to adulteration and the production and distribution of prohibited gutka and tobacco-containing pan masala.