Delhi HC rejects Vimal Elaichi maker's plea against notices to Shah Rukh, Ajay Devgn, Tiger Shroff

The Delhi High Court on Monday dismissed a plea by the maker of Vimal Elaichi seeking to quash show-cause notices issued to brand ambassadors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff by the Maharashtra Food and Drug Administration (FDA).

The notices relate to alleged misrepresentation of the cardamom product in advertisements.

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The HC held that the plea was not maintainable for lack of territorial jurisdiction. It said Maharashtra courts were more appropriate and convenient forum for the company to raise its grievances over the notices.

The judge relied on the doctrine of forum conveniens, which allows a court to decline jurisdiction when another forum is more appropriate.

PB Agro LLP, the maker of the Vimal brand cardamom product, had filed the plea against the notice.

The company said it engages reputed actors to promote the product under the Vimal brand. It also said its endorsement agreements with the actors require the advertising campaigns to comply fully with applicable laws.

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The HC, however, declined to hear the challenge and dismissed the plea on territorial jurisdiction grounds.

Last month, the Maharashtra FDA issued show-cause notices to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over their Vimal Elaichi advertisement. The food regulator said the advertisement prima facie amounted to the "indirect or surrogate" promotion of prohibited pan masala and tobacco-related products.

The FDA said the use of the name "VIMAL Elaichi" appeared to create an association with the Vimal Pan Masala brand and could mislead consumers while indirectly promoting the prohibited product.

In its August 11 notice, the FDA's Greater Mumbai division said the advertisement used the same brand identity associated with Vimal Pan Masala. It described the three actors as brand endorsers and sought their responses within 15 days.