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Bollywood actor Ajay Devgan has approached the Bombay High Court against the notice issued and legal action initiated by the Maharashtra Food and Drug Administration (FDA) regarding the advertisement of Vimal Cardamom. Despite a complete ban on the sale and promotion of Gutkha and Pan Masala in the state, the actors have been accused of running surrogate advertising in the name of Vimal Cardamom. FDA had issued notice to Ajay Devgan as well as Shahrukh Khan and Tiger Shroff in this matter and sought their reply. Now, to challenge this regulatory action, Ajay Devgan has filed a petition in the High Court and sought relief.
Maharashtra FDA Commissioner and senior IAS officer Tukaram Mundhe has given his blunt response to the actor going to the High Court. Tukaram Mundhe clarified that there will be no stop to the legal process of the department if any party goes to court. Speaking to the media, he confirmed that the three actors who received notices had sought time to present their views and filed replies. Investigation and preliminary hearing at the Assistant Commissioner level has been completed, in which it has been found that there has been a direct violation of state rules and food safety laws through these advertisements.
According to Tukaram Mundhe, after the completion of the preliminary investigation of the case, it is now being officially sent to the Joint Commissioner for adjudication. Joint Commissioner is the legally competent authority in this entire matter, who will give the final verdict on the basis of facts and legal provisions of both the parties and decide the fine or other punitive action. Mundhe reiterated that the department will proceed with its process within the legal ambit and will present its stand strongly in the High Court also.
In Maharashtra, there is a strict ban on the manufacture, storage, sale and advertisement of gutkha and pan masala products which are harmful to health under the ‘Food Safety and Standards Act, 2006’ (FSSA) and COTPA. The FDA alleges that the promotion of mouth fresheners like ‘Vimal Elaichi’ is actually meant to increase the recall value of the banned ‘Vimal Pan Masala’ brand, which directly amounts to misleading and illegal advertising. Under the guidelines of the Central Consumer Protection Authority (CCPA), it is mandatory for celebrities to do due diligence before endorsing any product. On this basis, the accountability of the actors is being decided, on which now the eyes are fixed on the next action of the Bombay High Court and the Joint Commissioner of FDA.