Mumbai: The Maharashtra Food and Drug Administration (FDA) has sent show-cause notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their endorsement of Vimal Elaichi.
The regulator said the advertisement prima facie appears to indirectly promote prohibited pan masala and tobacco-related products through surrogate advertising.
The notice was issued on August 11 and gives the three actors 15 days to submit their responses.
Brand Association Flagged
The FDA said the use of the name “Vimal Elaichi” in the advertisement could create a link in consumers’ minds with Vimal Pan Masala.
According to the regulator, the issue is significant because the same brand identity is associated with pan masala products.
The FDA said the advertisement prima facie appears misleading and may violate provisions of the Food Safety and Standards Act, 2006, along with related advertising regulations and guidelines.
Endorsement Must Stop
The actors have been directed to immediately stop participating in and endorsing the Vimal Pan Masala/Elaichi advertisement.
They have also been asked to remove promotional material from their official social media accounts, websites and other digital platforms under their control.
The FDA has further directed them not to assist in broadcasting, publishing or promoting the advertisement in any form.
FDA Seeks Documents
The three actors have been asked to explain what checks they or their agencies conducted before accepting the endorsement.
They must provide copies and details of endorsement agreements, campaign briefs, product information, payment arrangements and information about the advertising agency and brand owner.
The FDA also wants evidence showing whether Vimal Elaichi is an independent product available for sale or a brand-extension communication aimed at indirectly promoting pan masala.
Further Action Warning
The actors can request a personal hearing or appear through authorised representatives.
The FDA warned that failure to respond within the stipulated period, or an unsatisfactory explanation, could lead to further action without another notice.
Copies of the notice have also been sent to the FSSAI and Central Consumer Protection Authority for information and appropriate action.
