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Ajay Devgn moves Bombay High Court against Maharashtra FDA notice over Vimal Elaichi ads
Ajay Devgn has challenged a Maharashtra FDA show-cause notice in the Bombay High Court, calling it arbitrary and saying the maker should have got it. The FDA alleges the Vimal Elaichi ads promote banned Vimal Pan Masala. Shah Rukh Khan and Tiger Shroff also served; hearing 4 November.
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Actor Ajay Devgn has petitioned the Bombay High Court against a show-cause notice from the Maharashtra Food and Drug Administration over his appearance in advertisements for Vimal Elaichi. He calls the notice arbitrary and says that it should have been issued to the manufacturing company, not to him as an actor in the advertisements. The FDA alleges that the campaign amounts to surrogate promotion of Vimal Pan Masala, a chewable product that is banned in Maharashtra. Shah Rukh Khan and Tiger Shroff, who also appeared in the advertisements, have received similar notices.
The FDA's allegation
The notice alleges that the Vimal Elaichi campaign is surrogate promotion of Vimal Pan Masala. The FDA also alleges that the brand's association with the sale of gutkha and pan masala, both of which are barred in the state, makes the advertisements a form of surrogate promotion for prohibited products. The notices ask each actor to explain his role as a brand endorser. One report says the notices were issued under state rules, and the reports found do not name the specific statute or the date of the ban. Maharashtra is reported to be the only state that bans scented supari and flavoured pan masala.
Devgn's petition
Devgn's petition argues that the notice was arbitrarily issued to him in his capacity as an actor and that the manufacturer should have received it. The petition is before a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, which is likely to hear it on 4 November.
FDA Commissioner Tukaram Mundhe said on 30 October that the proceedings against Shah Rukh Khan, Devgn and Tiger Shroff for alleged breaches of state rules were complete and that the investigation had found violations. He said the matter would be referred for adjudication the following week. He confirmed that the department will continue its proceedings before the joint commissioner even though Devgn has approached the High Court.
| Actor | Position |
|---|---|
| Ajay Devgn | Has moved the Bombay High Court; hearing expected 4 November |
| Shah Rukh Khan | Received a similar notice; no court challenge reported |
| Tiger Shroff | Received a similar notice; no court challenge reported |
The reports found do not say whether Khan or Shroff have replied to the notices. Shroff is also in the news as the target of a firing in Mumbai on 18 October, which is a separate matter.
Surrogate advertising is the promotion of a product that cannot be advertised by selling another product under the same brand name. The FDA's argument is that the elaichi, or cardamom, advertisement is a way of promoting the pan masala that carries the same brand name. Devgn's argument, as reported, is not about whether the advertisements are surrogate but about who should be served with the notice.
The Bombay High Court's hearing on 4 November is expected to clarify Devgn's challenge. Meanwhile, the FDA's proceedings are to continue before the joint commissioner, and the matter is expected to go to adjudication this week. The reports found do not say what penalty the notice could lead to, or whether the court will stay the proceedings. They also do not carry a statement from Devgn's lawyers beyond the contents of the petition, nor a response from the company that makes the product.
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