Maharashtra’s Food and Drug Administration (FDA) commissioner, Tukaram Mundhe, has made it clear that the fame of stars like Shah Rukh Khan, Ajay Devgn, and Tiger Shroff will not shield them from consequences related to a Vimal Elaichi advertisement. The FDA has issued show-cause notices to these actors after determining that the ad amounts to surrogate advertising for Vimal Pan Masala, a product banned in the state.
In an interview with NDTV, Mundhe explained that the FDA is already taking steps to initiate legal action against one actor who did not reply to the notice within the required time frame. He stated, “In my eyes, they are simply advertisers in this matter. Thus, they are considered violators of the law, and necessary actions will be taken.”
The notices, issued on August 11, provided the actors with a 15-day window to respond. According to Mundhe, two of the three actors did reply, but one did not. He declined to specify which actor failed to respond, emphasizing that actions were taken in accordance with the law.
When asked about Shah Rukh Khan’s response to the notice, Mundhe indicated that it seems likely he did not reply, though he was uncertain.
The two actors who did respond have suggested that the responsibility for the advertisement should rest with the manufacturer. However, Mundhe dismissed this argument, highlighting that advertising regulations specified in the Food Safety Act place responsibility on the person or entity promoting the product. He pointed out that endorsers must conduct due diligence regarding the products they promote, stating, “To say that advertisers hold no responsibility is incorrect, both morally and legally.”
The FDA’s action is based on its interpretation that the Vimal Elaichi advertisement serves as a conduit for promoting a restricted product, which falls under the umbrella of surrogate advertising.
