Maharashtra FDA Chief Defends Action Against Actors Over Surrogate Adverts

Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe in Mumbai has defended regulatory action taken against celebrities who endorse surrogate products, affirming that everyone involved in creating, publishing, or sponsoring such advertisements is accountable under food safety regulations.

The state FDA recently issued a show-cause notice and a final warning to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff regarding their appearance in an advertisement for Vimal Elaichi. The department stated that the promotional campaign prima facie amounted to indirect or surrogate promotion of prohibited pan masala and tobacco-related products.

Speaking to news agency PTI, Mundhe noted that the advertisement was being examined as a potential surrogate promotion, adding that the manufacturer had also been found selling gutkha in the past. He explained that the action stems from the enforcement of Food Safety and Standards Regulations concerning advertisements and misleading claims.

According to Mundhe, regulations introduced in 2018 and enforced from July 1, 2019, strictly prohibit representations across physical, electronic, social media, and other formats that state, imply, or suggest untrue claims. Advertisers found in violation will be issued notices and required to explain why regulatory action should not be initiated against them, as the responsibility applies to everyone across the chain.

Maharashtra has maintained a prohibitory order against gutkha, pan masala, and related tobacco products since 2012. Mundhe stated that the FDA is also cracking down on the smuggling and black marketing of prohibited tobacco items by filing FIRs, tracking supply sources, and investigating links to companies and their directors, while also exploring the use of organised crime laws.

In addition to tobacco-related advertisements, Mundhe confirmed that the FDA is scrutinising promotions for other products for misleading claims and will enforce strict limits on artificial colours and additives used in bakeries, cakes, and other foods.