Maharashtra FDA's Action Against Surrogate Advertising
Background
Maharashtra's Food and Drug Administration (FDA) issued show-cause notices to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. The notices allege surrogate advertising for Vimal Pan Masala through their advertisement for Vimal Elaichi.
Surrogate Advertising Explanation
- Promotes products banned or restricted from advertising under government regulations by advertising another product under the same brand name or style.
Regulatory Framework
Maharashtra has banned gutkha and pan masala containing tobacco or nicotine since 2012 under Section 30(2)(a) of the Food Safety and Standards (FSS) Act, 2006. The current prohibition is effective since July 13, 2026.
Notices Details and Legal Provisions
- The FDA has found the Vimal Elaichi ad potentially constitutes surrogate advertising of the prohibited Vimal Pan Masala.
- Actors are accountable under:
- Section 24 of the FSS Act – Restricts misleading food advertisements.
- Section 53 of the FSS Act – Imposes a penalty of up to Rs 10 lakh for misleading food advertisements.
- Food Safety and Standards (Advertising and Claims) Regulations, 2018 are also cited.
Consumer Protection Act, 2019 & CCPA Guidelines
- Section 21 empowers the CCPA to penalize misleading advertisements up to Rs 10 lakh.
- Penalties for endorsers range up to Rs 50 lakh for repeated violations.
- Guidelines prevent misleading ads to protect consumer rights such as the right to be informed and the right to choose.
Ongoing Enforcement by FDA
- FDA has intensified steps against food safety violations, including banned gutkha and pan masala.
- Significant seizures and arrests have been made between May and July 2023.
Previous Regulatory Scrutiny
In 2018, Vimal Elaichi faced scrutiny under the Cigarettes and Other Tobacco Products Act, 2003, but the Delhi High Court allowed advertising for non-tobacco products while the surrogate advertising issue remained unresolved.
