PB Agro, the producer of Vimal Elaichi, has recently petitioned the Delhi High Court to nullify show-cause notices issued by the Maharashtra Food and Drugs Administration (FDA) to famous Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. These celebrities serve as brand ambassadors for Vimal Elaichi. Justice Swarana Kanta Sharma has reserved her decision on whether the Delhi High Court has jurisdiction over this matter.
Legal Dispute Over Advertising Practices
The controversy stems from regulatory notifications by the Maharashtra FDA, which claim that the advertising of “Vimal Elaichi” acts as a surrogate for promoting “Vimal Pan Masala,” a chewable product banned in Maharashtra. The state regulator has requested the actors involved in Vimal Elaichi advertisements to present evidence that the product is distinct from prohibited pan masala products. Additionally, the FDA has demanded a suspension of the advertising campaign and the removal of related content from online platforms.
Legal Representation and Arguments
Senior Advocates Dayan Krishnan and Mohit Mathur represented PB Agro in court, contending that the FDA’s notice, dated August 11, 2026, was directed solely at the actors rather than the company, which has suffered substantial harm as a result. The company argued that the Maharashtra FDA does not have the authority to mandate a cessation of advertising.
PB Agro further contended in its petition that the accusations of surrogate advertising are unfounded, given that Vimal pan masala has neither been manufactured nor sold in Maharashtra since 2001. Furthermore, the Supreme Court has prohibited pan masala containing tobacco across the nation since 2013.
Jurisdictional Challenges
The court was informed that the Central Consumer Protection Authority (CCPA) is already investigating similar allegations and has not issued any directives against the campaign. Advocate Rukhmini Bobde, appearing for the Central government and the CCPA, argued that the case should have been brought before the Bombay High Court. She stated, “The government of Maharashtra, which has issued the show-cause notice, is not present to defend it.” Bobde also mentioned that while the CCPA’s proceedings are ongoing, they have no objections to the Maharashtra FDA’s notice.
The petition from PG Agro was filed through advocate Dushyant K Mahant of S Jaina and Associates.
