Maharashtra Food and Drug Administration (FDA) commissioner Tukaram Mundhe has spoken about the show-cause notices issued over a Vimal Elaichi advertisement to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff. The commissioner called the actors “violators of the law” and said the FDA has started prosecution proceedings against one actor who has not responded to the notice.
‘I look at them as violators of the law’
Speaking to NDTV, Mundhe said, “According to you they may be stars, but according to me they are only advertisers in this case. So I am looking at them as violators of the law, and the law will take its own course. That's why we have started taking action. We have taken this action as per the law.”
One actor has not responded to notice
Mundhe confirmed that one of the three actors has not responded to the notice and the FDA has started adjudicating and prosecution proceedings against him. When asked if Shah Rukh Khan has responded to the notice, he said, “I exactly don't remember... because that is with the assistant commissioner. Most likely he has not responded, but I'm not too sure about it.” However, the commissioner said the two actors who have responded will have their replies heard.
Mundhe also disagreed with the argument that responsibility lies with the manufacturer and not the endorser. He pointed to advertising regulations under the Food Safety Act, saying there is a responsibility specifically placed on the person or institution advertising the product. He insisted that advertisers have a responsibility to conduct due diligence about what they endorse. He shared that for them to say that it is not upon them is wrong, not only morally, but also legally.
About FDA's notice to Shah Rukh, Ajay and Tiger
{{/usCountry}}Mundhe also disagreed with the argument that responsibility lies with the manufacturer and not the endorser. He pointed to advertising regulations under the Food Safety Act, saying there is a responsibility specifically placed on the person or institution advertising the product. He insisted that advertisers have a responsibility to conduct due diligence about what they endorse. He shared that for them to say that it is not upon them is wrong, not only morally, but also legally.
About FDA's notice to Shah Rukh, Ajay and Tiger
{{/usCountry}}For the unversed, the FDA issued the notices on August 11, alleging that the Vimal Elaichi advertisement featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff amounted to surrogate promotion of Vimal Pan Masala, a product prohibited in Maharashtra. The actors were given 15 days to respond.
The notice cited Section 24 of the FSS Act, which restricts misleading advertisements, and Section 53, under which a person who publishes or is party to the publication of a misleading food advertisement can face a penalty of up to ₹10 lakh.
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