An advertisement for a seemingly harmless elaichi (cardamom) mouth freshener has sparked a significant food regulatory debate in Maharashtra. The state’s Food and Drug Administration (FDA), led by Commissioner Tukaram Mundhe, has issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their participation in a Vimal Elaichi campaign.
At the centre of the controversy is a key question: can the promotion of a legal product indirectly reinforce the identity of a banned one?
The FDA believes the advertisement may amount to surrogate promotion of pan masala, a product prohibited in Maharashtra, and has sought an explanation from the actors.
What Is The Vimal Elaichi Advertisement Controversy?
The Maharashtra FDA has issued notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff for appearing in a 2024 advertisement promoting Vimal Elaichi, a mouth freshener sold by the Vimal brand.
According to the nine-page notice accessed by NDTV, the food safety authority believes the advertisement may indirectly promote the Vimal pan masala brand, despite being marketed as an elaichi product.
The notice states that the use of the phrase “VIMAL Elaichi” appears to create an association with Vimal Pan Masala and may mislead consumers by indirectly promoting the brand identity of a product that is prohibited in Maharashtra.
The actors have been directed to discontinue their participation in the campaign and remove related promotional content from their official social media accounts.
Also Read:‘Explain Vimal Ad In 15 Days’: Shah Rukh Khan, Ajay Devgn, Tiger Shroff Get Notices
What Is Vimal Elaichi?
Vimal Elaichi is a silver-coated, saffron-blended cardamom mouth freshener marketed under the Vimal brand.
According to product information, it contains:
- Cardamom seeds
- Edible silver foil
- Saffron
It is positioned as a traditional post-meal mouth freshener and digestive aid.
What Is Vimal Pan Masala?
Vimal Pan Masala is a separate product sold under the Vimal brand umbrella. As per reports, its ingredients may include betel leaves, cardamom, tobacco, sugar, flavouring agents and other traditional spices.
What Is Chewing Tobacco And Why Is It A Health Concern?
Chewing tobacco is a form of smokeless tobacco made from cured tobacco leaves. It may be sold as loose leaves, pellets, plugs or twists and is typically placed inside the mouth, often between the cheek and lower lip.
Health experts have long warned about the risks associated with its use. Chewing tobacco contains nicotine and several harmful chemicals, including known carcinogens. Regular use can lead to nicotine dependence and increase the risk of cancers of the mouth, throat, oesophagus and pancreas.
It has also been linked to gum disease, heart disease, stroke and several other serious health conditions.
What Is Surrogate Advertising?
The core concern raised by the FDA is what regulators describe as “surrogate” or indirect advertising.
According to the notice, if a brand uses products such as elaichi to maintain, reinforce or enhance public recognition of a pan masala or tobacco-linked brand, the communication may not be viewed as an independent product advertisement. Instead, it could amount to indirect promotion of a restricted or prohibited product.
The authority argues that even if the advertised product itself is legal, the branding and messaging could help preserve consumer recall for pan masala products associated with the same brand.
Indirect Tobacco Advertisements Are Illegal
The FDA has cited Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA), 2003.
This provision prohibits both direct and indirect advertisements of cigarettes and other tobacco products. It also bars individuals from participating in advertisements that directly or indirectly promote the use or consumption of tobacco products.
The notice states that if the Vimal Elaichi campaign is found to, in substance and effect, reinforce the identity of tobacco-containing products such as gutka or tobacco-based pan masala, additional provisions under COTPA could become applicable.
Why Were The Actors Sent Notices?
The notices do not focus only on the brand. They also question whether the celebrity endorsers fulfilled their legal responsibilities before participating in the campaign.
The FDA has cited the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, issued by the Central Consumer Protection Authority (CCPA).
Under Clause 13 of these guidelines, endorsers are required to ensure that their endorsements reflect a genuine opinion, are based on adequate information about the product, and are not deceptive. Any material connection between the endorser and the advertiser that could influence the credibility of the endorsement must also be disclosed. Additionally, Clause 12 requires celebrities and endorsers to carry out due diligence before promoting a product.
The FDA has sought explanations regarding whether these obligations were adequately met.
What Penalties Could Apply?
The notice refers to consumer protection provisions dealing with misleading advertisements. If an endorsement is found to be misleading, penalties can range from Rs 10 lakh to Rs 50 lakh. Endorsers may also face restrictions on future endorsements and could be barred from promoting products for a period of up to three years.
Maharashtra’s Stance On Gutka And Pan Masala
In 2012, the Bombay High Court upheld the state’s ban on gutka and pan masala. The court held that these products fell within the definition of “food” under the Food Safety and Standards Act and that the FDA had the authority to prohibit them in the interest of public health.
The court also emphasised that food regulators have a duty to ensure that unsafe food products do not remain in circulation and that manufacturers must not produce foods harmful to public health.
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