An advertisement for Vimal Elaichi featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff has triggered a regulatory debate in Maharashtra, with the state Food and Drug Administration (FDA) questioning whether the campaign indirectly promotes pan masala.

The notices, issued by Maharashtra FDA Commissioner Tukaram Mundhe, relate to a 2024 advertisement in which the three actors promoted Vimal Elaichi. The product is marketed as a cardamom-based mouth freshener, but the FDA has raised concerns over its branding and its association with the wider Vimal pan masala brand.

At the centre of the issue is the concept of surrogate advertising, where a brand promotes a legal product or service in a manner that could also reinforce consumer recognition of a restricted or prohibited product carrying the same or a closely associated brand identity.
Why has the Maharashtra FDA questioned the Vimal Elaichi ad?
According to the nine-page show-cause notice accessed by NDTV, the FDA believes that the use of the “VIMAL Elaichi” branding could create an association with Vimal Pan Masala.

The notice states that the advertisement “may mislead consumers” and could indirectly promote the identity of a product that is prohibited in Maharashtra. The authority has therefore questioned whether the campaign should be treated simply as an advertisement for elaichi or as a form of indirect promotion for pan masala.

The FDA has directed Shah Rukh Khan, Ajay Devgn and Tiger Shroff to discontinue their participation in the campaign and remove related promotional material from their official social media accounts. The actors have also been asked to explain their position.
What is Vimal Elaichi and why is its branding relevant?
Vimal Elaichi is marketed as a mouth freshener containing cardamom and other ingredients. The controversy does not appear to centre on the legality of consuming elaichi itself. Instead, the FDA’s concern is about the Vimal brand identity and whether promoting an associated product can also keep the pan masala brand visible to consumers.

This distinction is important because an advertisement can promote a product that is legal on its own while potentially reinforcing the recognition of another product that is subject to restrictions.

The FDA notice reportedly states that if the use of the Vimal name is intended to “maintain, reinforce or enhance” the brand identity associated with pan masala or tobacco-related products, the communication could potentially be considered surrogate promotion.
What is surrogate advertising?
Surrogate advertising refers to the practice of promoting one product under circumstances where the advertising may also serve to promote a restricted product from the same brand family.

The concern is particularly relevant to tobacco and pan masala brands because direct advertising of tobacco products is restricted under Indian law. Section 5 of the Cigarettes and Other Tobacco Products Act, 2003 prohibits advertisements of cigarettes and other tobacco products, including indirect forms of advertising.

The FDA’s notice has raised the question of whether the Vimal Elaichi campaign could fall within that broader prohibition if its branding and presentation effectively reinforce the identity of tobacco-linked products.
Why were Shah Rukh Khan, Ajay Devgn and Tiger Shroff sent notices?
The FDA has not only questioned the advertisement itself but also the role of the celebrity endorsers.

The authority has referred to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, issued by the Central Consumer Protection Authority (CCPA). The guidelines are intended to ensure that endorsements are not deceptive and that endorsers exercise due diligence before promoting products.

The FDA has reportedly sought information including copies of the actors’ endorsement agreements, campaign briefs, payment arrangements and details of the due diligence undertaken before they participated in the campaign.

This means the notices are not an immediate finding that the actors have violated the law. They are show-cause notices, giving the actors an opportunity to respond to the allegations and explain their position.
What penalties could the actors face?
The notice cites provisions dealing with misleading advertisements and endorsements. Depending on the findings, violations may result in financial penalties and restrictions on future endorsements.

The notices have reportedly cited penalties ranging from Rs 10 lakhs to Rs 50 lakhs, along with the possibility of restrictions on endorsing products for a period of up to three years.

The eventual consequences, however, would depend on the actors’ responses and the findings of the relevant authorities.
Why is Maharashtra strict about pan masala and gutka?
Maharashtra has a long history of regulatory action against gutka and pan masala containing prohibited ingredients.

In 2012, the Bombay High Court dealt with challenges to the state’s restrictions on gutka and pan masala. The court considered the Food Safety and Standards Act, 2006, along with food safety regulations and the state’s order prohibiting products containing ingredients such as tobacco, nicotine and magnesium carbonate.

The court ultimately declined to grant interim relief against the implementation of the Maharashtra Food Safety Commissioner’s order. It also recognised the Food Safety Commissioner’s authority to act against products containing prohibited ingredients under the applicable food safety framework.

The latest notices therefore come against a broader backdrop of Maharashtra’s efforts to restrict gutka and pan masala products that fall within its food safety prohibitions.
What happens next?
Shah Rukh Khan, Ajay Devgn and Tiger Shroff will now have an opportunity to respond to the Maharashtra FDA’s notices. The regulator’s action will also put the spotlight on a recurring question in celebrity advertising: whether promoting an apparently separate product is permissible when the brand is strongly associated with a restricted product.

Also Read: Shah Rukh Khan, Ajay Devgn, Tiger Shroff get Maharashtra FDA notice over Vimal Elaichi ad: Report