Maharashtra FDA Commissioner Tukaram Mundhe has now responded to the action of show-cause notices issued to Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff for their participation as brand endorsers in an advertisement for Vimal Elaichi, allegedly a tobacco product.
What Tukaram said
As per news agency PTI, Mundhe was speaking at a ‘Meet the Press’ event organised by the Mumbai Press Club, where he replied to a question on commercials and surrogate advertising. “Whatever advertisements we see — whether in newspapers, on television or on social media — are under our radar. We are watching for violations,” he said.
Earlier this month, the FDA issued a show-cause notice to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their advertisement for Vimal Elaichi, claiming it prima facie amounts to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products.
Asked about the notice, Mundhe said no reply has been received from them so far.
To another query, Mundhe said the regulator would act against any food business operator (FBO) that did not meet prescribed standards, irrespective of whether the consumers were film-industry workers, labourers or others.
Earlier, he said the FDA’s response was based on regulations concerning misleading claims, including surrogate advertisements. Referring to pan masala and tobacco-related products, the FDA commissioner said a prohibitory order has been in place in Maharashtra against gutkha, pan masala and related tobacco items since 2012.
On ads and misleading claims
He said the advertisement for a Vimal product was being examined as a possible surrogate advertisement for a prohibited product, noting that the company had also been found selling gutkha earlier. “The issue is about Food Safety and Standards Regulations implementation. One of the regulations is about advertisement and misleading claims,” he said, adding that the regulation came into existence in 2018 and came into force from July 1, 2019.
He said any representation, whether physical, electronic, through social media or other media, which states, implies or suggests a claim that is not true is not allowed. “Advertisers found violating the provisions would be issued notices and asked to explain why action should not be initiated against them. Everybody across the chain is responsible. It applies to all… Nobody is going to be spared, whether rural or urban. Those who sell, those who possess, those who process, those who manufacture, it is applicable to all,” he said, adding that the department was also trying to invoke provisions of the organised crime law.
The FDA inspected 86 establishments across Maharashtra on August 13 that sell and deliver food through online platforms. It issued 60 improvement notices and ordered the temporary stoppage of operations at one facility.
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