Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff have been sent a show-cause notice by The Food and Drug Administration, Maharashtra, alleging that their advertisement for Vimal Elaichi amounts to surrogate advertising for Vimal Pan Masala, a product prohibited in the state.

The agency has given them a 15-day period to respond with a written explanation, along with the supporting documents they have been asked to submit, in person or through a duly authorised representative.

But what exactly does the FDA want them to do?

In the same notice, the FDA has laid out eight points it expects the three actors to act on immediately.

Among them is “immediately discontinue your participation in and endorsement of VIMAL Pan Masala/Elaichi advertisement,” immediately remove the advertisement and promotional content from their social media handles, and not provide “any further cooperation or assistance in the broadcasting, publication, dissemination or promotion of the said advertisement in any form.”

The FDA has also asked them to furnish copies and details of the agreement or endorsement contract, campaign brief, product information, payment or endorsement arrangement, and details of the concerned advertising agency and brand owner, along with details of the due diligence undertaken by them and their agency prior to participating in the advertisement.

It has asked for particulars of all television channels, digital and social media platforms and other media on which the advertisement has been broadcast, published or disseminated with their participation, together with the period of such broadcast or dissemination, and for disclosure of any material connection between themselves and the advertiser or brand owner as contemplated under the CCPA Guidelines, 2022. “Furnish documentary evidence establishing whether VIMAL Elaichi is an independent product actually available for sale in the market, or whether the same constitutes a surrogate or brand extension communication intended to promote VIMAL Pan Masala/tobacco related products,” reads one of the points.

 had first reported on Sunday that the FDA has invoked Section 24 of the Food Safety and Standards (FSS) Act, 2006, which restricts misleading and deceptive food advertisements; Section 53, which provides for a penalty of up to Rs 10 lakh for anyone who is “party to the publication” of a misleading food advertisement; and has cited the Food Safety and Standards (Advertising and Claims) Regulations, 2018.

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The FDA has also cited Section 21 of the Consumer Protection Act, 2019, which empowers the Central Consumer Protection Authority to direct discontinuation or modification of a false or misleading advertisement, and to impose upon the endorser of such an advertisement a penalty of up to Rs 10 lakh, and up to Rs 50 lakh for every subsequent contravention.

“The Authority is further empowered to prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year, and for every subsequent contravention, up to three years,” reads the notice, issued by the FDA and signed by N.T. Mujawar, Assistant Commissioner (Food), FDA Greater Mumbai Division.

Finally, the FDA has asked the three actors to submit a written explanation as to why legal action should not be initiated against them for the prima facie violations of the aforesaid provisions of law.