‘It applies to all’: Tukaram Mundhe defends action against celebrities endorsing surrogate products

Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff were sent notices over featuring in an advertisement for Vimal Elaichi.

Maharashtra FDA Commissioner Tukaram Mundhe has now responded to the action of show-cause notices issued to Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff for their participation as brand endorsers in an advertisement for Vimal Elaichi, allegedly a tobacco product. Speaking to news agency PTI, he said that regulations apply to everyone involved in creating, publishing or sponsoring advertisements and claims, noting that "everybody across the chain is responsible".

What did Tukaram Mundhe say?

Ajay Devgn and Shah Rukh Khan in an ad for Vimal.

He said the FDA's response was based on regulations concerning misleading claims, including surrogate advertisements. Referring to pan masala and tobacco-related products, the FDA commissioner said a prohibitory order has been in place in Maharashtra against gutkha, pan masala and related tobacco items since 2012.

He said the advertisement for a Vimal product was being examined as a possible surrogate advertisement for a prohibited product, noting that the company had also been found selling gutkha earlier. "The issue is about Food Safety and Standards Regulations implementation. One of the regulations is about advertisement and misleading claims," he said, adding that the regulation came into existence in 2018 and came into force from July 1, 2019.

He said any representation, whether physical, electronic, through social media or other media, which states, implies or suggests a claim that is not true is not allowed. “Advertisers found violating the provisions would be issued notices and asked to explain why action should not be initiated against them. Everybody across the chain is responsible. It applies to all… Nobody is going to be spared, whether rural or urban. Those who sell, those who possess, those who process, those who manufacture, it is applicable to all," he said, adding that the department was also trying to invoke provisions of the organised crime law.

In the notice, the FDA pointed out that the Vimal brand is “prominently associated with Pan Masala in the market” and said that pan masala products are prohibited in Maharashtra.

The FDA said the use of the “Vimal” brand in an Elaichi (cardamom) advertisement could create an association with the Vimal Pan Masala brand, which is a prohibited product.

The notice points to 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 Rs. 10 lakh.

The FDA has directed the actors to immediately discontinue their participation in the advertisement, remove promotional content from their official social media handles and other platforms, and provide details of the due diligence undertaken before endorsing the product.

(via inputs from PTI)