Vimal Elaichi moves HC over notice to SRK, Ajay Devgn, Tiger

New Delhi: The makers of Vimal Elaichi, PB Agro, have moved the Delhi High Court to seek directions to remove show-cause notices sent by the Maharashtra Food and Drugs Administration (FDA) to their brand ambassadors, Shah Rukh Khan, Tiger Shroff, and Ajay Devgn.

Justice Swarana Kanta Sharma concluded the court session after hearing from both sides on whether the Delhi HC had jurisdiction to hear the case.

The dispute stems from the Maharashtra FDA’s notices, which allege that the Vimal Elaichi advertisement amounts to indirect or surrogate promotion of the prohibited “Vimal Pan Masala” or tobacco-related products.

On August 11, the state regulator had issued a show-cause notice to the Bollywood actors, terming it a “final warning” and describing them as brand endorsers. It also directed the actors to immediately discontinue their participation in and endorsement of the Vimal Pan Masala/Elaichi advertisement and remove the promotional content from their official social media handles, websites, and other digital platforms under their control.

Vimal Elaichi argues Maharashtra FDA doesn’t have jurisdiction over matter

Advocates representing petitioner PB Agro said the FDA’s notice dated August 11 was sent only to the actors and not the company, even though it was the company that suffered irreparable harm. It argued that the Maharashtra FDA did not have jurisdiction to issue notices or directions to stop the advertisement.

The company, in its petition, dismissed surrogate promotion allegations as baseless, noting that Vimal Pan Masala has not been produced or sold in Maharashtra since 2001, while tobacco-infused pan masala has been banned nationwide since 2013.

The advocates informed the High Court that similar allegations were already being probed by the Central Consumer Protection Authority (CCPA), which had not issued directions against the ads.

The counsel representing the Central government and the CCPA contended that the petition should have been filed in the Bombay High Court, adding that it had no objection to the FDA’s show-cause notice.

“The government of Maharashtra, which has passed the show-cause notice, is not here to defend its show-cause notice,” she said.