Tukaram Mundhe-led FDA issues notice to Shah Rukh Khan, Ajay Devgn, Tiger Shroff
In a major crackdown to counter misleading advertisements, Tukaram Mundhe-led Maharashtra Food and Drug Administration (FDA) on August 11 issued a show-cause notice to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their advertisement for Vimal Elaichi.
While issuing the notice to the endorsers of a Vimal Elaichi advertisement, the FDA further questioned whether the campaign amounts to indirect or surrogate promotion of Vimal Pan Masala, a product prohibited in Maharashtra.
The FDA, while issuing the notice to prominent Bollywood actors, states that an advertisement for Vimal Elaichi was found being disseminated through television channels, digital media, social media platforms, and other promotional platforms.
As per the official notice, the advertisement uses the Vimal brand in a manner that prima facie appears to create an association with the Vimal Pan Masala brand. The state food controller has also raised concerns that the advertisement could reinforce consumer recognition of the prohibited Pan Masala brand while being presented as a promotion for Elaichi.
FDA raises questions over Vimal brand advertisement
Tukarama Mundhe-led Maharashtra FDA said that the Vimal brand is prominently associated with pan masala in the market and questioned whether the use of the same brand identity for Vimal Elaichi could indirectly promote or reinforce the identity of the prohibited product.
The notice said the advertisement is liable to be examined under Section 24 of the Food Safety and Standards Act, which places restrictions on misleading advertisements and unfair trade practices relating to food. It also cites Section 53, under which publication of a misleading food advertisement can attract a penalty of up to Rs 10 lakh.
The FDA has also referred to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and provisions concerning truthful and non-misleading advertising and marketing communications.
Endorsers may face a penalty of up to Rs 50 lakh
The notice also refers to the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), stating that Section 5 prohibits direct and indirect advertisements of cigarettes and other tobacco products.
The FDA said Section 21 of the Consumer Protection Act, 2019, empowers the Central Consumer Protection Authority to impose penalties on endorsers of misleading advertisements. According to the notice, the penalty can extend to Rs 10 lakh for a first contravention and Rs 50 lakh for subsequent contraventions, along with possible restrictions on endorsing products or services, as per FDA’s official statement.
Shah Rukh, Ajay and Tiger asked to submit documents
The FDA has further directed the concerned endorser to immediately discontinue participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove the promotional content from official social media handles, websites, and other digital platforms under their control.
All three Bollywood stars have also been asked to provide details of the due diligence carried out before participating in the advertisement, along with documents establishing whether Vimal Elaichi is an independent product available in the market or a surrogate or brand-extension communication intended to promote Vimal Pan Masala or tobacco-related products.
15 days to respond
The concerned endorser has been given 15 days from receipt of the notice to submit a written explanation and supporting documents. The notice also provides an opportunity for a personal hearing.
The 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, 2006, and the rules and regulations made under it.
20
584226
20
20
