Maharashtra FDA sends notice to Bollywood actors over pan masala ad

Mumbai: Maharashtra Food and Drugs Administration (FDA) Commissioner Tukaram Munde on Friday indicated that legal action could be taken against Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over advertisements for Vimal Elaichi, which the authorities allege indirectly promote tobacco products.

The Maharashtra FDA has issued show-cause notices to the three actors, accusing them of indirectly promoting tobacco-laced gutka through advertisements for pan masala marketed under the Vimal Elaichi brand.

The Maharashtra government has prohibited the sale, consumption, storage, manufacture and distribution of gutka and certain harmful pan masala products in the state since 2012 under food safety regulations. Violations can invite stringent legal action under applicable state laws, The New Indian Express reported.

Munde said the actors' celebrity status would not exempt them from the law, arguing that they should be treated as advertisers responsible for complying with legal requirements. He indicated that the FDA would proceed according to the law against those found to have violated the regulations.

According to Munde, all three actors have received notices, with two having submitted their responses while the third has yet to respond. He did not disclose which actors had replied.

The FDA commissioner said legal proceedings had already been initiated against the actor who had not responded to the FDA notice concerning the alleged promotion of banned food products through a surrogate advertisement.

Munde said the two actors who responded had argued that responsibility for the advertisements rested with the manufacturing company rather than the celebrities endorsing the products. The FDA, however, plans to give them an opportunity to explain their position during a hearing before deciding on further action.

The commissioner further said the Food Safety Act places responsibilities not only on manufacturers but also on promoters and advertisers involved in marketing food products. According to him, individuals endorsing such products are expected to exercise due caution and cannot simply shift responsibility to the manufacturer when the product being promoted is prohibited or harmful.