Mumbai: The Maharashtra Food and Drug Administration has not yet received a response from the three Bollywood actors, including Shah Rukh Khan and Ajay Devgn, who were sent a notice over an advertisement, FDA Commissioner Tukaram Mundhe said on Wednesday.
Speaking at a ‘Meet the Press’ event organised by the Mumbai Press Club, Mundhe said promoting a product was not necessarily wrong, but publicizing it improperly was.
Replying to a question on commercials and surrogate advertising, the IAS officer stated, “Whatever advertisements we see — whether in newspapers, on television or on social media — are under our radar. We are watching for violations.”
He referred to the Food and Safety Standards (Advertising and Claims) Regulations, 2018, enforced by the Food Safety and Standards Authority of India (FSSAI), to ensure claims are truthful, unambiguous, and not misleading. “In this surrogacy ad, the brand is associated with something misleading,” he said, implying that the brand was trying to promote a banned product via these advertisements.
He added that since the product, for which surrogate advertising is being sought, is banned in Maharashtra, the brand was manufacturing it outside the state. However, that doesn’t give them a free pass to promote the product across India, including Maharashtra, where it’s already prohibited.
Shah Rukh Khan, Ajay Devgn and Tiger Shroff appear in the advertisement for Vimal Elaichi, but the brand also manufactures ‘paan masala’. Such surrogate advertising is being done for many ‘paan masala’ brands and many of them have hired celebrities for endorsements.
Mundhe pointed out, “The responsibility is cast upon those who endorse it, including its implied meaning. It’s written down very clearly. So, if they’re endorsing something, it’s the responsibility of the endorser to ensure it complies with the FSSAI norms and regulations. And it’s written that you can be fined up to Rs 10 lakh. You have to withdraw it or other actions can follow.”
He added that since the product is “already banned, what comes next is advertising”. “It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said, admitting that the celebrities endorsing the prohibited product are “the third chain” they’re taking action against. “So, it’s not targeting somebody,” clarified Mundhe, responding to claims of going after A-list stars for publicity.
In its show-cause notice, the FDA has claimed that the advertising prima facie amounts to “indirect or surrogate” promotion of prohibited paan masala and tobacco-related products. It described the three actors as brand endorsers and sought their response within 15 days, terming the notice as the “final warning”.
The FDA has also directed the actors to immediately discontinue their participation 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.
They have also been asked to furnish copies and details of their endorsement agreements, campaign briefs, product information, payment or endorsement arrangements, as well as details of the advertising agency and brand owner involved in the campaign, said the order. The FDA warned that if no explanation is received within the stipulated period, or if the explanation is found unsatisfactory, action may be initiated without any further notice.
