Maharashtra FDA Chief Defends Notices to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff Over Surrogate Advertising
Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe has publicly defended the regulatory authority's decision to issue show-cause notices to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff regarding their participation in promotional campaigns for Vimal Elaichi. Responding to suggestions that high-profile celebrities were targeted for publicity, Mundhe clarified that statutory provisions cast equal legal responsibility on brand endorsers, manufacturers, and promoters to ensure that commercial communications remain truthful, unambiguous, and compliant with statutory food safety norms.
The regulatory action stems from show-cause notices issued under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, enforced by the Food Safety and Standards Authority of India (FSSAI). Following an evaluation of the Vimal Elaichi campaign across television, digital, and social media channels, the Maharashtra FDA concluded that the advertisement prima facie constitutes surrogate and indirect promotion of prohibited pan masala and tobacco-related products.
The manufacture, storage, distribution, and sale of gutkha and pan masala have been restricted in Maharashtra under state statutory orders since 2012. According to the regulator, utilizing an established brand identity to market a non-prohibited item creates an implied, misleading consumer association that violates statutory advertising standards.
Addressing the legal scope of endorser liability, Mundhe emphasized that statutory compliance applies to every entity across the commercial supply and promotional chain, positioning celebrity endorsers as an active link rather than an isolated third party. Under the FSSAI framework, brand ambassadors are legally obligated to verify that the products and implied claims they promote adhere to established norms. The FDA commissioner noted that failure to satisfy show-cause proceedings can attract statutory financial penalties of up to ₹10 lakh alongside administrative orders compelling the immediate withdrawal of non-compliant promotional material.
The show-cause notices direct the three actors to immediately discontinue their participation in the campaign and remove all related promotional media from their official social media handles, websites, and digital platforms. The regulatory body has also mandated the submission of documentary evidence—including endorsement agreements, campaign briefs, compensation details, product specifications, and information regarding the underlying advertising agencies and brand owners—to establish whether the product operates as an independent commercial item or as a surrogate brand extension.
The actors were granted a 15-day window to submit formal written responses, with the FDA warning that failure to reply will trigger further legal proceedings without additional notice.