Delhi High Court Dismisses Vimal Elaichi’s Challenge Against FDA Notices to Celebrities

The Delhi High Court has ruled against a petition submitted by the producers of Vimal Elaichi, challenging notices issued by the Maharashtra Food and Drug Administration (FDA) to prominent Bollywood figures Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. This decision, delivered by Justice Swarana Kanta Sharma, was made on Monday and underscores the court’s limited jurisdiction in this matter, given its origins in Maharashtra.

In her ruling, Justice Sharma emphasized that the Delhi High Court does not hold territorial authority over issues stemming from another state, specifically Maharashtra, where the FDA’s show-cause notices were generated. The court articulated that the presence of the Food Safety and Standards Authority of India in Delhi does not change the nature or source of the contested notices, which were aimed at the celebrity endorsers.

The legal challenge arose following allegations that an advertisement for Vimal Elaichi mouth freshener, featuring the three actors, constituted surrogate advertising for Vimal Pan Masala — a product that has been prohibited in Maharashtra. The FDA’s notices, issued on August 11, called upon the actors to substantiate that Vimal Elaichi is a distinct product available for sale independently. Additionally, the stars were instructed to halt any further participation in the advertisement and to remove all related promotional content from their social media platforms and websites.

This case highlights ongoing concerns regarding surrogate advertising in India, which has become a contentious issue in the realm of regulated commercial communications. The FDA has maintained that products such as pan masala, notorious for health risks, should not be promoted under the guise of unrelated items. As public figures, the responsibility of endorsers is increasingly scrutinized, particularly in relation to products that fall under health regulations.

While the Vimal Elaichi brand’s creators sought judicial intervention to invalidate the FDA’s notices, the court’s dismissal reflects a broader trend where legal frameworks are adapting to address the complexities of advertising laws and public health. This ruling not only impacts the actors involved but also sets a precedent regarding the accountability of celebrity endorsements in India’s evolving regulatory landscape.

Source: scroll.in