Maharashtra Food and Drug Administration (FDA) commissioner Tukaram Mundhe said that Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff will face legal scrutiny over their appearance in a Vimal Elaichi ad, regardless of their celebrity status. For those unversed, the three actors were issued show-cause notices by the Maharashtra FDA over allegations that the advertisement indirectly promotes Vimal Pan Masala, a product prohibited in the state.
According to Mundhe, the FDA has already initiated adjudication and prosecution proceedings against one of the actors who did not respond to the notice.
'I look at them as violators of the law'
Speaking to NDTV, Mundhe said that the actors were being treated as advertisers in the matter and not differently because they are Bollywood stars.
“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.”
Mundhe further said that two of the three actors have responded to the notices and that their replies will be considered as part of the proceedings. One actor, however, has not responded, following which the FDA has moved ahead with adjudication and prosecution proceedings.
When asked specifically whether Shah Rukh Khan had responded, Mundhe 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.”
Mundhe on actors' responsibility as endorsers
The FDA commissioner also rejected the argument that responsibility in such cases rests only with the manufacturer of the product. He said advertising regulations under the Food Safety and Standards Act place certain responsibilities on the person or institution promoting a product.
According to Mundhe, celebrities and other endorsers are expected to carry out due diligence before associating themselves with a product. He said that claiming that the responsibility does not lie with the endorser would be incorrect from both a moral and legal standpoint.
The Maharashtra FDA had issued the notices on August 11, giving Shah Rukh, Ajay and Tiger 15 days to respond. The notices alleged that the Vimal Elaichi campaign created an association with Vimal Pan Masala, which the state has prohibited.
The controversy has also reached the courts. In September, the Delhi High Court dismissed a petition filed by PB Agro LLP challenging the Maharashtra FDA's notices to the three actors, allowing the regulatory proceedings to continue.
