The Maharashtra Food and Drug Administration (FDA) has issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their Vimal Elaichi ad. The FDA has alleged that the ad is a form of surrogate advertising for Vimal Pan Masala, which is banned in Maharashtra.
What does surrogate advertising mean in this context, and what precisely is the Maharashtra FDA questioning these actors about?
In general, surrogate advertising is the promotion of a brand or product that is allowed while potentially reinforcing the identity of another product whose advertising is banned.
Now, the main issue surrounding the Vimal elaichi ad is the regulator's worry that it can indirectly link to Vimal Pan Masala, a product banned in Maharashtra under the state's food safety decree.
ALSO READ - Akshay Kumar STEPS DOWN As Brand Ambassador Of Vimal Elaichi After Backlash From Fans
The notifications issued by Tukaram Mundhe-led Maharashtra food safety bodies are show-cause notices rather than a definitive verdict of misconduct against the three actors. The FDA has requested their justifications and accompanying documentation before determining if additional action is necessary.
What Did The Notice Say?
The notice stated that it 'may mislead consumers' and 'indirectly promote' the brand identity of the prohibited product, according to NDTV. It also cited the statewide prohibition order, which forbids the production, storage, distribution, and sale of pan masala in Maharashtra due to public health and safety regulations.
In addition to demanding complete copies of their endorsement agreements, campaign briefs, payment arrangements, and evidence of due diligence, Tukaram Mundhe's FDA has been clamping down on the production and distribution of gutka and other prohibited tobacco products.
Why Shah Rukh Khan, Ajay Devgn And Tiger Shroff Get Notices?
After seeing the Vimal Elaichi ads, the Maharashtra FDA expressed concerns over its presentation, dialogue, product branding, and the Vimal name's broader associations.
According to MoneyControl, the FDA stated, "Upon examination of the said advertisement, it prima facie appears that the advertisement promotes the Vimal brand," adding that the brand is 'mainly associated with Pan Masala.'
Therefore, the commission is investigating whether an advertisement purporting to promote Vimal Elaichi might also subtly promote the Vimal Pan Masala brand. Shah Rukh Khan, Ajay Devgn and Tiger Shroff received the notices in their capacity as endorsers.
Misleading endorsements can result in fines between Rs 10 lakh and Rs 50 lakh under the consumer protection regulations, and the endorsers may be prohibited from promoting any items for at least three years.
ALSO READ - Ajay Devgn REACTS To Akshay Kumar's Vimal Gutka Ad Controversy
In case you don't remember, actor Akshay Kumar apologised to fans in 2022 after receiving criticism for starring alongside Shah Rukh Khan and Ajay Devgn in an advertisement for Vimal Elaichi. The apology came following a strong backlash for promoting a tobacco product.