Stars in Hot Water: Vimal Ad Sparks FDA Probe

The Maharashtra Food and Drug Administration (FDA) has taken action against actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff regarding a Vimal Elaichi advertisement. The FDA issued show-cause notices on Sunday, August 16, alleging the advertisement functions as surrogate promotion for Vimal Pan Masala, a product banned in Maharashtra. This action raises questions about the extent of a state-level food regulatory authority's power in holding celebrities accountable for such promotions.

The FDA's notices cite Sections 24 and 53 of the Food Safety and Standards (FSS) Act, 2006, which address misleading food advertisements. The actors must provide written explanations and supporting documents within 15 days, and cease further promotion. Legal experts suggest that while the FDA has the authority to issue notices, imposing penalties like the Rs 10 lakh fine mentioned in Section 53 would require an Adjudicating Officer, and the Food Safety Act does not specifically name endorsers.

This action highlights the complex legal landscape of surrogate advertising, where multiple laws and regulatory bodies, including the Consumer Protection Act and COTPA, can operate concurrently. While the FDA's notice is a show-cause, directing immediate social media takedowns may exceed its authority, as such powers typically lie with the Central Consumer Protection Authority or fall under the Information Technology Act.

Legal experts also question whether the FDA should have first sought explanations from Vimal directly, as the manufacturer is best positioned to clarify the product's sales and marketing strategies. The FDA's enforcement powers are primarily directed at food business operators, not celebrities who do not hold licenses.