Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe said the celebrity status of Shah Rukh Khan, Ajay Devgan and Tiger Shroff will not protect them from regulatory action over Vimal Elaichi’s advertisements. The Maharashtra FDA issued showcasing notices to the three actors after the agency said the advertisement was a surrogate promotion of Vimal Pan Masala, a product banned in the state.
Maharashtra FDA Commissioner Tukaram Mundhe says: ‘Shah Rukh Khan, Ajay Devgn and Tiger Shroff not protected by celebrity status in Vimal ad case’
Speaking to NDTV, Mundhe said the FDA has already started adjudicating and prosecuting a case involving a member who failed to respond to the notice within the stipulated period.
“In your opinion, they may be stars, but in my opinion, in this case, they are just advertisers. So I look at them as violators of the law and the law will take its course. That is why we have started taking action,” Mundhe said.
FDA issued notices to three entities
On August 11, the Maharashtra FDA issued show cause notices to Shah Rukh Khan, Ajay Devgan and Tiger Shroff, giving them 15 days to respond. According to Mundhe, two of the three actors responded to the notices, while one did not. He did not specify which actor did not respond. “We have taken this action in accordance with the law,” Mundhe said.
He also said that the investigation into the case, to which the actor did not provide an answer, had already begun. “In one case where they didn’t respond, we start a trial and trial,” he said.
Mundhe was also asked if Shah Rukh Khan’s team had responded to the notice. He said: “He probably didn’t answer, but I’m not too sure about that.”
Actors cite producer responsibility
According to Mundhe, two entities that responded to the FDA notices argued that responsibility should lie with the manufacturer. The Commissioner said their responses would be taken into account during the hearing. “We are holding their hearing. The hearing will be conducted by my officer, the assistant commissioner, who issued the notices,” he said.
Mundhe, however, rejected the argument that celebrities endorsing a product are not liable if the manufacturer is responsible for its production and sale.
“There are clear rules for advertising under the Food Safety Act. [The regulations] talk about who the advertiser is, and there are very specific responsibilities assigned to the person or institution that places the advertisement. The advertiser has a responsibility, including exercising due diligence regarding what he or she is endorsing. To say that it is not their fault is wrong… I am speaking not only morally, but also legally, because I am here as a regulator,” he said.
The FDA’s action is based on its belief that the promotion of Vimal Elaichi was a form of ersatz promotion of Vimal Pan Masala. Surrogate advertising means promoting a restricted or prohibited product through another product or brand associated with it.
Also read: Bipasha Basu seeks help from Tukaram Mundha after finding worms in protein powder: ‘You are our only hope’
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