‘Violators of law’: Tukaram Mundhe on Shah Rukh Khan, Ajay Devgn, Tiger Shroff over Vimal ad

The Vimal Elaichi controversy involving Shah Rukh Khan, Ajay Devgn and Tiger Shroff has moved beyond the show-cause notice stage, with Maharashtra Food and Drug Administration commissioner Tukaram Mundhe shedding light on what happens next.

The three Bollywood stars were served notices over their appearance in a Vimal Elaichi advertisement, which the Maharashtra FDA alleges amounts to surrogate promotion of Vimal Pan Masala. Now, according to Mundhe, proceedings have already begun in at least one of the cases.

‘They are only advertisers in this case’

The FDA commissioner made it clear that the actors' celebrity status does not change how the department is approaching the matter.

Speaking to NDTV, Mundhe said: "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."

In other words, the FDA is examining the actors in their capacity as advertisers rather than treating their celebrity status as a separate consideration.

One case has already moved to the next stage

Mundhe said one of the three actors has not responded to the show-cause notice, and proceedings involving adjudication and prosecution have begun in that case.

When asked specifically about Shah Rukh Khan's response, however, Mundhe said he did not have the details immediately available.

"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."

The two actors who have submitted responses will have their replies considered as part of the proceedings, Mundhe said.

Why is the FDA looking at the actors?

A key question surrounding the case is where the responsibility for an advertisement lies.

The argument often made in celebrity endorsement cases is that the manufacturer or brand should bear responsibility for what is being sold or promoted. Mundhe, however, pointed to provisions governing advertisements under the Food Safety and Standards Act.

According to his explanation, the law places responsibility on the person or institution carrying out the advertising, meaning endorsers cannot simply assume that responsibility rests entirely with the manufacturer.

Mundhe also argued that advertisers are expected to carry out due diligence before associating themselves with a product or campaign.

What is the Vimal Elaichi case about?

The Maharashtra FDA issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff on August 11 over the Vimal Elaichi advertisement.

The department alleged that the campaign amounted to surrogate advertising for Vimal Pan Masala, a product prohibited in Maharashtra.

The actors were given 15 days to respond to the notices.

The notices referred to Section 24 of the Food Safety and Standards Act, which deals with misleading advertisements. They also cited Section 53, under which publishing or being party to the publication of a misleading food advertisement can attract a penalty of up to ₹10 lakh.

For now, the proceedings will determine how the individual responses are treated and what further action, if any, follows against the actors.