‘Responsibility of the endorser’: Tukaram Mundhe on FDA notice to Shah Rukh Khan, Ajay Devgn

Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe has clarified that the show-cause notices issued to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over a Vimal Elaichi advertisement are not an attempt to target Bollywood celebrities for publicity. Speaking to Prakhar Gupta on his YouTube channel, Mundhe said the action is based on regulations that place responsibility on both advertisers and promoters for misleading or surrogate advertising.

The Maharashtra FDA issued notices to the three actors over their appearance in an advertisement for Vimal Elaichi, alleging that it could amount to indirect or surrogate promotion of prohibited pan masala and tobacco-related products. The actors were given 15 days to respond, with the notices described as a “final warning”.

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Surrogate Advertisement

Mundhe explained the legal basis for the action. “The notices which have been sent are about surrogate advertising. Now, there’s a rule to that. As per the 2018 Advertising and Claims regulation, it casts equal responsibility on the advertiser or promoter. Whatever you’re promoting has to be truthful,” he said.

“This act hasn’t come from me. It’s a 2018 regulation in the Food sector, being implemented since 2019,” Mundhe added.

It’s the responsibility of the endorser

Mundhe said celebrities cannot be treated as separate from the advertising chain when they endorse products. “The responsibility is cast upon those who endorse it, including its implied meaning. It’s written down very clearly,” he said.

He further stated that endorsers must ensure that their advertisements comply with FSSAI regulations. “So, if they’re endorsing something, it’s the responsibility of the endorser to ensure it complies with the FSSAI norms and regulations. And it’s written you can be fined up to Rs 10 lakh. You have to withdraw it, or other actions can follow,” he said.

The commissioner maintained that the FDA was not sparing manufacturers or sellers. “It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said, describing the celebrity endorsers as the “third chain” in the action. “So, it’s not targeting somebody,” he clarified.

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FDA orders actors to remove promotional content

The FDA has directed the three actors to discontinue their participation in the advertisement and remove related promotional material from their official social media accounts, websites and other digital platforms under their control. They have also been asked to provide endorsement agreements, campaign briefs, product information, payment details, and information about the advertising agency and brand owner.

If their responses are not received within 15 days or are found unsatisfactory, the FDA has warned that further action could follow without another notice.