The Maharashtra FDA recently issued a show-cause notice and final warning to Shah Rukh Khan, Ajay Devgn and Tiger Shroff for appearing in a Vimal Elaichi advertisement. Defending the move, Maharashtra FDA Commissioner Tukaram Mundhe has said that responsibility for misleading claims does not rest solely with manufacturers. Speaking to PTI, he stressed that everyone involved in creating, publishing, sponsoring or endorsing advertisements must comply with Food Safety and Standards Authority of India (FSSAI) regulations.
Alleged Surrogate Promotion Of Tobacco-Related Products
Mundhe said the scrutiny stems from concerns that the advertisement could potentially serve as a surrogate for a banned product. He pointed out that the company associated with the advertisement had previously been found selling gutkha.
"The issue is about Food Safety and Standards Regulations implementation. One of the regulations is about advertisement and misleading claims," he said. Mundhe noted that the relevant regulation was introduced in 2018 and came into force on July 1, 2019.
'Everybody Across The Chain Is Responsible'
Explaining the legal basis for the action, Mundhe said the FSSAI regulations cover misleading advertisements and claims across all forms of media. He noted that any representation made through physical, electronic, social media, or other platforms that states, implies, or suggests a claim that is not true is not permitted.
"Advertisers found violating the provisions would be issued notices and asked to explain why action should not be initiated against them," the FDA commissioner said.
He underlined that accountability extends beyond the advertiser alone. "Everybody across the chain is responsible. It applies to all," he said, urging stakeholders to familiarise themselves with FSSAI's advertising and claims regulations.
Maharashtra's Longstanding Ban On Gutkha And Pan Masala
Mundhe also reiterated that Maharashtra has maintained a prohibitory order against gutkha, pan masala and related tobacco products since 2012. He said the FDA's ongoing efforts focus not only on advertisements but also on the illegal sale and distribution of banned products.
Addressing the issue of smuggled and black-marketed tobacco products, he said the department was filing FIRs, tracing supply chains and investigating links to companies and their directors.
"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. Mundhe added that the department is also exploring the use of provisions under organised crime laws in relevant cases.
More Product Advertisements Under FDA Scrutiny
The commissioner said the FDA's scrutiny is not limited to tobacco-linked products. The department is also reviewing advertisements and claims made for a range of other products and will take action wherever violations are identified.
"Whatever the product somebody is endorsing, they have to look into the guidelines and regulations of FSSAI about advertising and claims. If wrongfulness is found, we will take action against those also," he said. According to Mundhe, several products are currently under the department's examination and scrutiny.