An advertisement featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff for a popular pan masala brand has come under scrutiny from the Maharashtra Food and Drug Administration. The regulator has questioned whether the campaign could amount to indirect promotion of pan masala through the branding associated with the product.The notices concern a 2024 campaign in which the three actors appeared in advertisements for a pan masala brand, which is marketed as a cardamom-based mouth freshener. Maharashtra FDA Commissioner Tukaram Mundhe has sought explanations from the celebrities as the authority examines whether the campaign crosses the line into surrogate advertising.
Why the advertisement has come under scrutiny
According to the nine-page show-cause notice accessed by NDTV, the central concern is the branding used in the Vimal Elaichi campaign. According to the FDA’s notice, the name and presentation of the product could create an association with the popular Pan Masala. The regulator has raised the possibility that the advertisement may “mislead consumers” by promoting a legal mouth freshener while simultaneously strengthening recognition of a brand associated with pan masala.The actors have reportedly been asked to stop participating in the campaign and remove promotional material connected with it from their social media accounts. They have also been given an opportunity to explain their positions.
What the FDA is questioning about the pan masala brand
The FDA’s objection is not reportedly about cardamom or the consumption of elaichi itself. Instead, the issue revolves around whether the branding of the mouth freshener can indirectly keep another restricted product in the public eye. Regulators are examining whether the use of the Vimal identity serves a purpose beyond advertising the legal product being featured.The notice reportedly raises the question of whether the branding is being used to “maintain, reinforce or enhance” an identity linked to pan masala or tobacco-related products.
Understanding surrogate advertising
Surrogate advertising involves promoting a product or service in a way that can also reinforce the visibility or identity of another product whose advertising is restricted. The issue has frequently emerged around tobacco and pan masala brands. Under Section 5 of the Cigarettes and Other Tobacco Products Act, 2003, advertising cigarettes and other tobacco products, including certain forms of indirect advertising, is prohibited.The Maharashtra FDA’s action is therefore focused on whether the campaign could be interpreted as indirect promotion under the applicable legal framework.
Why the three actors received notices
The regulator’s scrutiny extends beyond the advertisement to the celebrities who endorsed the product. Shah Rukh Khan, Ajay Devgn and Tiger Shroff have been asked to provide explanations regarding their involvement in the campaign. The FDA has also referred to the Central Consumer Protection Authority’s Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.As part of the inquiry, the actors have reportedly been asked to provide details such as their endorsement agreements, campaign information, payment arrangements and the due diligence carried out before associating themselves with the advertisement. However, the notices should not be interpreted as a final determination of wrongdoing. A show-cause notice gives the recipients an opportunity to respond to the allegations before further action is considered.
What action could follow
The notices reportedly refer to provisions concerning misleading advertisements and celebrity endorsements. Depending on the findings after the responses are examined, financial penalties or restrictions on future endorsements could potentially follow. The notices have reportedly mentioned penalties ranging from Rs 10 lakh to Rs 50 lakh, as well as the possibility of restrictions on endorsing products for up to three years. Any final action, however, would depend on the regulator’s assessment of the responses and the applicable provisions.
Maharashtra’s history of action against gutka and pan masala
The latest development comes against the backdrop of Maharashtra’s long-standing efforts to regulate gutka and pan masala products containing prohibited ingredients.The Bombay High Court had previously considered challenges involving the state’s restrictions on gutka and pan masala. The legal proceedings examined provisions under the Food Safety and Standards Act, 2006, along with food safety regulations concerning products containing substances such as tobacco and nicotine.The court did not grant interim relief against the implementation of the Maharashtra Food Safety Commissioner’s order, allowing the regulatory action to continue under the relevant food safety framework.
What happens after the notices
Shah Rukh Khan, Ajay Devgn and Tiger Shroff now have the opportunity to submit their responses to the Maharashtra FDA. The regulator will then consider the explanations and other material before deciding whether further proceedings are warranted.The controversy has once again brought celebrity endorsements and surrogate advertising into focus, particularly when a seemingly legal product carries branding closely connected with a category facing advertising restrictions.
