A week after the Maharashtra Food and Drug Administration issued show-cause notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their surrogate advertising for a pan masala brand, Maharashtra FDA Commissioner Tukaram Mundhe has clarified that his intention is not to target the celebrities for publicity. Since many wondered why Mundhe was going after the celebrities, instead of targeting the companies behind such brands, Mundhe has now said those who endorse such products are also held responsible, as per the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

Why has FDA sent notices to celebrities?

In a chat with Prakhar Gupta on his YouTube channel, Mundhe said, “The notices which have been sent are about surrogate advertising. Now, there’s a rule to that. As per 2018 Advertising and Claims regulation, it casts equal responsibility on the advertiser or promoter. Whatever you’re promoting has to be truthful. This act hasn’t come from me. It’s a 2018 regulation in the Food sector, being implemented since 2019.”

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He referred to the Food and Safety Standards (Advertising and Claims) Regulations, 2018, enforced by the Food Safety and Standards Authority of India (FSSAI), to ensure claims to be truthful, unambiguous, and not misleading. “In this surrogacy ad, the brand is associated with something misleading,” he said, implying that the brand was trying to promote a banned product via these advertisements.

He added that since the product, for which surrogate advertising is being sought, is banned in Maharashtra, the brand was manufacturing it outside the state. However, that doesn’t give them a free pass to promote the product across India, including Maharashtra, where it’s already prohibited.

Shah Rukh Khan, Ajay Devgn and Tiger Shroff appear in the advertisement for Vimal Elaichi, but the brand also manufactures ‘paan masala’. Such surrogate advertising is being done for many ‘paan masala’ brands and many of them have hired celebrities for endorsements.

Is a celebrity also guilty in the case of surrogate advertising?

Mundhe pointed out, “The responsibility is cast upon those who endorse it, including its implied meaning. It’s written down very clearly. So, if they’re endorsing something, it’s the responsibility of the endorser to ensure it complies with the FSSAI norms and regulations. And it’s written you can be fined upto Rs 10 lakh. You have to withdraw it or other actions can follow.”

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He added that since the product is “already banned, what comes next is advertising”. “It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said, admitting that the celebrities endorsing the prohibited product are “the third chain” they’re taking action against. “So, it’s not targeting somebody,” clarified Mundhe, responding to claims of going after A-list stars for publicity.

In its show-cause notice, the FDA has claimed that the advertising prima facie amounts to “indirect or surrogate” promotion of prohibited paan masala and tobacco-related products. It described the three actors as brand endorsers and sought their response within 15 days, terming the notice as the “final warning”.

The FDA has also directed the actors to immediately discontinue their participation and remove the promotional content from their official social media handles, websites, and other digital platforms under their control. It also directed them not to provide any further cooperation or assistance in the broadcasting, publication, dissemination or promotion of the advertisement in any form.

They have also been asked to furnish copies and details of their endorsement agreements, campaign briefs, product information, payment or endorsement arrangements, as well as details of the advertising agency and brand owner involved in the campaign, said the order. The FDA warned that if no explanation is received within the stipulated period, or if the explanation is found unsatisfactory, action may be initiated without any further notice.

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What Shah Rukh Khan has said about promoting paan masala

Shah Rukh has previously explained why he promotes certain products, and said that if they are seen as harmful, then they must be banned. “I would appeal to any authority – ban it. Don’t let it sell in our country. If smoking is bad, stop the production of cigarettes. If you think soft drinks are bad, don’t allow them to be made. My logic is – you’re not stopping them because they bring in revenue,” he told CNBC TV-18.

“You’re not stopping certain products because they’re revenue sources for the government. Then don’t stop my revenue. I’m an actor. I’m supposed to do a job and earn from it. And very clearly, if you think something is wrong, stop it. What’s the problem?,” he added. Meanwhile, Akshay Kumar and Amitabh Bachchan have famously withdrawn their endorsement of paan masala brands, claiming their ignorance that it falls under surrogate advertising.