2 hrs ago
FDA Chief Calls Vimal Elaichi Ad Actors Law Violators
Maharashtra’s food regulator is investigating three actors who appeared in a Vimal Elaichi advertisement.
The regulator says the ad may secretly promote Vimal Pan Masala, which is not allowed in Maharashtra.
The actors were asked to explain their role.
Two actors answered, but one did not, and legal proceedings have started in that case.
The actors who answered said the manufacturer should be responsible.
The regulator disagrees and says advertisers must check what they promote.
A court in Delhi said the challenge should be taken to a court in Maharashtra.
The regulator also asked another government agency to examine very high prices on some hospital supplies.
Maharashtra FDA commissioner Tukaram Mundhe called Shah Rukh Khan, Ajay Devgn and Tiger Shroff advertisers and alleged violators of the law over a Vimal Elaichi advertisement.
The FDA issued show-cause notices on August 11, alleging the advertisement was surrogate promotion for Vimal Pan Masala, which is prohibited in Maharashtra.
Two actors reportedly replied to the notices, while proceedings have begun against one actor who did not respond; the FDA did not identify them.
The actors who responded reportedly argued that responsibility rested with the manufacturer, but the FDA said advertising regulations also impose duties on endorsers.
The Delhi High Court declined to hear a challenge by Vimal Elaichi licensee PB Agro LLP, saying Maharashtra courts were the appropriate forum; Mundhe also raised hospital-consumable markups with the NPPA.
- Who
- Maharashtra Food and Drug Administration commissioner Tukaram Mundhe, actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff, Vimal Elaichi licensee PB Agro LLP, and the National Pharmaceutical Pricing Authority.
- What
- The FDA issued notices over an alleged surrogate Vimal Pan Masala advertisement and began proceedings against one actor who did not respond; it also referred hospital-consumable markups to the NPPA.
- Where
- The notices were issued by the FDA’s Greater Mumbai division, and the court challenge was filed in Delhi.
- When
- The notices were issued on August 11; the Delhi High Court ruling came on September 14; Mundhe discussed the matter in an interview on Thursday.
- Why
- The FDA alleges the advertisement promoted Vimal Pan Masala, a product prohibited in Maharashtra, and says endorsers have legal responsibilities under advertising regulations.
FDA’s position
Advertisers’ and manufacturer’s position
Responsibility for the advertisement
FDA’s position
The FDA says advertising regulations impose responsibility on endorsers to conduct due diligence and that actors can be legally accountable.
Advertisers’ and manufacturer’s position
The actors who responded argued that responsibility lay with the manufacturer.
Nature of the Vimal Elaichi promotion
FDA’s position
The FDA alleges the advertisement was surrogate promotion for Vimal Pan Masala, which is prohibited in Maharashtra.
Advertisers’ and manufacturer’s position
The available article reports the challenge by PB Agro LLP but does not state that the company accepted the FDA’s allegation.
Where the notices should be challenged
FDA’s position
The Delhi High Court said the notices issued by Mumbai authorities should be challenged in Maharashtra.
Advertisers’ and manufacturer’s position
PB Agro LLP sought to quash the notices through a Delhi High Court petition, but the petition was dismissed for lack of territorial jurisdiction.
Key facts
- Regulator
- Maharashtra Food and Drug Administration commissioner Tukaram Mundhe
- Notice date
- August 11
- Actors named
- Shah Rukh Khan, Ajay Devgn and Tiger Shroff
- Allegation
- The Vimal Elaichi advertisement amounted to surrogate promotion of Vimal Pan Masala.
- Responses
- Two actors responded to the notices; one did not, according to Mundhe, who did not identify them.
- Court ruling
- On September 14, the Delhi High Court said Maharashtra courts were the appropriate forum for challenging the notices.
- Hospital supplies
- Mundhe cited markups of 150% to 2,800%, including an intravenous set bought for Rs 11 with an MRP of Rs 325.
Quotes
Tukaram Mundhe
Maharashtra Food and Drug Administration commissioner
“That's where transparency needs to come in, and that's why, on this, we have reported to the NPPA, which looks into this issue. Maybe it needs to consult all the stakeholders and whether it can be brought under the Drug Control Price Order, which is under the Essential Commodities Act.”
NDTV
“According to you they may be stars, but according to me they are only advertisers in this case. So I am looking at them as violators of the law, and the law will take its own course. That's why we have started taking action.”
NDTV
Sources
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