1 week ago
Maharashtra FDA Says Actors Responsible, Awaits Responses Over Surrogate Advertisement
The Maharashtra FDA sent notices to three actors about an advertisement for Vimal Elaichi.
The FDA believes the advertisement may also promote a pan masala product that is prohibited in Maharashtra.
Commissioner Tukaram Mundhe said the actors are responsible for checking what their endorsements communicate.
He said this responsibility comes from advertising rules introduced in 2018.
The actors were told to remove the advertisements and provide information about their contracts.
They were given 15 days to respond.
At a later press event, Mundhe said none of the actors had replied yet.
Shah Rukh Khan has previously said that products considered harmful should be banned instead of blaming actors for earning money from endorsements.
The Maharashtra FDA issued show-cause notices to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over an advertisement for Vimal Elaichi.
The regulator alleges the advertisement indirectly or surreptitiously promotes prohibited pan masala and tobacco-related products.
FDA Commissioner Tukaram Mundhe said advertising regulations place responsibility on both advertisers and celebrity endorsers.
The actors were ordered to remove promotional content, stop participating in the campaign, and submit endorsement details within 15 days.
Mundhe said none of the three actors had responded as of his Wednesday press event, while the FDA is also acting against manufacturers and sellers.
- Who
- Maharashtra FDA Commissioner Tukaram Mundhe, and actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff.
- What
- The FDA issued show-cause notices over alleged indirect or surrogate promotion of prohibited pan masala and tobacco-related products.
- Where
- Maharashtra, including the FDA’s Greater Mumbai division.
- When
- The notices were issued on August 11, with a 15-day response period; as of Mundhe’s Wednesday press event, no actor had responded.
- Why
- The FDA says the Food Safety and Standards (Advertising and Claims) Regulations, 2018, make advertisers and endorsers responsible for truthful, non-misleading promotions.
Maharashtra FDA Position
Celebrity Endorsement View
Responsibility for advertising
Maharashtra FDA Position
The FDA says advertisers and endorsers share responsibility for ensuring that promotions and their implied meanings comply with food-safety regulations.
Celebrity Endorsement View
Shah Rukh Khan has previously said actors are doing their jobs and earning income, arguing that authorities should ban products they consider harmful.
Who should face enforcement
Maharashtra FDA Position
Mundhe said the FDA is also acting against manufacturers and sellers, while celebrity endorsers represent a later stage of enforcement rather than a publicity target.
Celebrity Endorsement View
The actors have not publicly responded to the notices in the reported coverage, while questions have been raised about pursuing celebrities instead of only the companies behind the products.
Status of the notices
Maharashtra FDA Position
The FDA called the alleged promotion prima facie indirect or surrogate advertising and warned that further action could follow if responses are absent or unsatisfactory.
Celebrity Endorsement View
No specific response from Shah Rukh Khan, Ajay Devgn, or Tiger Shroff was reported; Khan’s earlier position was that harmful products should be stopped at production and sale.
Key facts
- FDA commissioner
- Tukaram Mundhe
- Actors named in notices
- Shah Rukh Khan, Ajay Devgn, and Tiger Shroff
- Advertised product
- Vimal Elaichi
- Alleged issue
- Indirect or surrogate promotion of prohibited pan masala and tobacco-related products
- Regulation cited
- Food Safety and Standards (Advertising and Claims) Regulations, 2018
- Notice date
- August 11
- Response period
- 15 days
- Required actions
- Remove promotional content, discontinue participation, and provide endorsement and campaign details
Quotes
Tukaram Mundhe
Commissioner of the Maharashtra Food and Drug Administration
“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 you can be fined upto Rs 10 lakh. You have to withdraw it or other actions can follow.”
indianexpress.com
“The notices which have been sent are about surrogate advertising. Now, there’s a rule to that. As per 2018 Advertising and Claims regulation, it casts equal responsibility on the advertiser or promoter. Whatever you’re promoting has to be truthful. This act hasn’t come from me. It’s a 2018 regulation in the Food sector, being implemented since 2019.”
indianexpress.com
Shah Rukh Khan
Actor discussing his endorsement of products and government regulation
“I would appeal to any authority – ban it. Don’t let it sell in our country. If smoking is bad, stop the production of cigarettes. If you think soft drinks are bad, don’t allow them to be made. My logic is – you’re not stopping them because they bring in revenue. You’re an actor. I’m supposed to do a job and earn from it. And very clearly, if you think something is wrong, stop it. What’s the problem?”
indianexpress.com
Sources
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