The Maharashtra Food and Drug Administration (FDA) Commissioner, Tukaram Mundhe, has taken a firm stance against prominent Bollywood stars Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. The action follows a controversial advertisement campaign for Vimal Elaichi, which is accused of misleadingly promoting pan masala, a prohibited product in the state of Maharashtra. Commissioner Mundhe made it clear that while these individuals might be massive celebrities for the general public, from a legal perspective, they are strictly endorsers who are bound by the law, and necessary legal proceedings will be initiated against them.
Surrogate Advertising and Show-Cause Notices
The controversy revolves around the promotion of Vimal Elaichi, which allegedly serves as a surrogate advertisement to bypass the ban on pan masala in Maharashtra. The Food and Drug Administration's Greater Mumbai Division had originally issued show-cause notices to the three actors on August 11, raising questions over their endorsement of the product. Soon after taking charge, Commissioner Tukaram Mundhe accelerated the process, giving the stars a strict 15-day window to respond and explain their participation in the promotional campaign.
Legal Action Initiated Against Non-Responding Actor
Providing an update on the status of the notices, Commissioner Mundhe revealed that while two of the actors had submitted their official responses, one actor had failed to reply within the stipulated time. Consequently, the FDA has initiated legal proceedings and prosecution against the non-responding actor. While the legal process has officially commenced, the Commissioner chose not to disclose the specific name of the actor who is now facing prosecution for ignoring the government notice.
Actors Cannot Evade Responsibility, Says Commissioner
In their defense, the two actors who responded reportedly attempted to deflect the blame, placing the entire onus of the advertisement on the manufacturing company, Vimal. They claimed they had no direct role in the product's formulation or business practices. However, Commissioner Mundhe rejected this line of reasoning, emphasizing that an individual promoting a product cannot escape accountability. He stated that any person endorsing a brand is legally required to exercise due diligence and be fully aware of the nature and legality of the product they are showcasing. Mundhe stated in an interview that no celebrity is above the law. According to him, being a celebrity increases their responsibility towards society because millions of people use products after seeing their advertisements. Thus, promoting restricted products through misleading ads is a direct violation of the law.
Legal Provisions and Accountability Under the 2018 Act
Mundhe highlighted the provisions of the Food Safety and Standards Regulations, 2018, noting that the Food Safety Act explicitly outlines the joint responsibility of both the manufacturing entity and the endorsing individual or agency. The regulations mandate that anyone endorsing a product must ensure the truthfulness of the claims made in the advertisement. If a promotion is found to be misleading or promoting a restricted substance under a different guise, the endorser is held equally liable. The Commissioner reiterated that the law applies universally, and no individual, regardless of their star status, will be given special treatment.
