THE Maharashtra FDA has issued a show-cause notice to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their advertisement for Vimal Elaichi, claiming it prima facie amounts to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products. The use of the expression “VIMAL Elaichi” in the advertisement appeared to create an association with the Vimal Pan Masala brand and could mislead consumers while indirectly promoting the prohibited product, the Food and Drug Administration (FDA) said. The issue was particularly serious because the advertisement used the same brand identity associated with Vimal Pan Masala, the FDA’s Greater Mumbai division said in the notice issued on August 11, which described the three actors as brand endorsers and sought their response within 15 days.Terming the notice a “final warning”, it said the advertisement appeared prima facie to be a misleading advertisement relating to food and contrary to provisions of the Food Safety and Standards Act, 2006 and the regulations framed under it.

 

It also flagged possible violations concerning surrogate or indirect advertising under other laws and guidelines. The FDA has directed the actors to immediately discontinue their participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove the promotional content from their official social media handles, websites and other digital platforms under their control. It also directed them not to provide any further cooperation or assistance in the broadcasting, publication, dissemination or promotion of the advertisement in any form. The notice further asks the actors to furnish details of the due diligence undertaken by them or their agencies before participating in the campaign. The action follows the FDA’s examination of an advertisement for Vimal Elaichi, which it said was being disseminated through television channels, digital, social media platforms and other promotional media. According to the notice, the Vimal brand is prominently associated with pan masala in Maharashtra, where pan masala containing prohibited substances is banned. The notice asked the actors to provide documentary evidence to show whether Vimal Elaichi is an independent product actually available for sale in the market or whether it constitutes a surrogate or brandextension communication intended to promote Vimal pan masala or tobacco-related products.