Bollywood actor Ajay Devgn has hit out at the Maharashtra Food and Drug Administration (FDA), alleging that it acted with a "premeditated and predetermined mind" and a "prejudged and punitive outlook" while issuing him a show-cause notice over his appearance in a Vimal Elaichi advertisement.
The actor has approached the Bombay High Court challenging the notice, which was issued over allegations that the advertisement for Vimal Elaichi indirectly promotes Vimal Pan Masala, a product prohibited in Maharashtra.
In his petition, Devgn argued that the show-cause notice was issued without giving him the material on which the allegations were based, leaving him without a meaningful opportunity to respond.
He also maintained that he had participated only in an advertisement for Vimal Elaichi, a cardamom-flavoured mouth freshener, and had not endorsed Vimal Pan Masala.
What did Ajay Devgn say in his petition against Maharashtra FDA?
According to the petition, the notice was effectively a decision already taken by the FDA, making the opportunity to respond a mere formality.
Devgn alleged that the authority had already reached a conclusion against him before considering his explanation.
His petition stated that the notice was issued with a "premeditated and predetermined mind" and that the action was arbitrary and violated the principles of natural justice.
He further argued that the FDA had not provided him with the advertisement or the material on which its allegations were based, making it difficult for him to prepare an effective response.
The actor also questioned why the notice was issued to him as an individual brand endorser rather than to the manufacturing company.
Why did Maharashtra FDA issue a notice to Ajay Devgn?
The Maharashtra FDA issued show-cause notices to Ajay Devgn, Shah Rukh Khan and Tiger Shroff on August 11 over their appearance in Vimal Elaichi advertisements.
The regulator alleged that the campaign indirectly promoted Vimal Pan Masala, which is prohibited in Maharashtra.
According to the FDA, the advertisement's presentation, dialogue, product name, visual elements and market identity could create an association with the pan masala brand.
The notice asked the actors to discontinue their association with the advertisement, remove promotional material from their social media accounts and websites, and provide details of their endorsement agreements and due diligence.
The FDA also questioned whether the campaign amounted to surrogate or indirect advertising under the Food Safety and Standards Act.
What did Ajay Devgn say in his reply to the FDA?
In his response, Devgn maintained that he had participated only in an advertisement for Vimal Elaichi and had not endorsed Vimal Pan Masala.
He submitted his reply on August 21. However, the FDA subsequently issued him another notice on September 21, asking him to appear on September 28.
Devgn sought an adjournment before approaching the Bombay High Court to challenge the show-cause notice.
When will Bombay High Court hear Ajay Devgn's plea?
Ajay Devgn's petition is expected to be heard on November 4 by a division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.
Meanwhile, FDA Commissioner Tukaram Mundhe said that proceedings against Ajay Devgn, Shah Rukh Khan and Tiger Shroff over the alleged violations had been completed.
He added that the matter would be referred for adjudication the following week. The FDA also maintained that its proceedings would continue before the joint commissioner despite Devgn approaching the High Court.
The case has once again brought celebrity endorsements and surrogate advertising under the spotlight, particularly when advertisements for permitted products are alleged to indirectly promote prohibited products.
