Actor Ajay Devgn has challenged a show-cause notice issued by the Maharashtra Food and Drugs Administration (FDA) over his endorsement of Vimal Elaichi, calling the proceedings a “mere farce and an empty formality”.
In a petition filed before the Bombay High Court on October 15, Devgn alleged that the FDA had already made up its mind to treat his advertisement for Vimal Elaichi as a promotion of Vimal Pan Masala, without properly considering his explanation. He described the notice, issued on August 16, as “premeditated and predetermined”.
The actor has argued that the FDA's actions are arbitrary and mala fide, violate the principles of natural justice and amount to an abuse of the legal process. A bench is likely to hear his petition on November 4.
Why did the FDA issue notices to Bollywood actors?
On August 16, the Maharashtra FDA issued notices to Ajay Devgn, Shah Rukh Khan and Tiger Shroff under the Food Safety and Standards Act, 2006. The agency objected to their participation in advertisements associated with the Vimal brand, claiming that such promotions violated provisions of the law.
The FDA maintained that the advertisements amounted to surrogate advertising, as the Vimal brand is prominently associated with Pan Masala and Gutkha, products prohibited in Maharashtra. It also directed the actors to stop participating in the campaign, remove promotional material from digital platforms and provide details of the due diligence undertaken before endorsing the products.
What did Ajay Devgn tell the FDA?
In his response submitted on August 21, Devgn clarified that his endorsement was limited to Vimal Elaichi and that he had never promoted Vimal Pan Masala.
“The product is available in the market, and its sale has not been prohibited. The advertisement did not refer to any other product, and I undertook due diligence before participating. The advertisement is not one for the Vimal brand per se, and I have no role in the broadcast of the advertisement or the business”, it said.
His latest petition argues that the FDA has “erroneously conflated” the two products and issued directions to discontinue an advertisement for what he considers a lawful product. He has also claimed that the restrictions affect his constitutional right to practise his profession and carry on his occupation.
Meanwhile, the Delhi High Court dismissed the Vimal manufacturer's challenge to the Maharashtra notices on September 14, citing lack of territorial jurisdiction and leaving the legality of the campaign undecided.