Indian cinema's biggest stars, Shah Rukh Khan and Ajay Devgn, have found themselves in a regulatory storm over a recent advertisement for Vimal Elaichi, a cardamom-based mouth freshener. The controversy stems from the FDA's concern that the campaign may indirectly promote pan masala, a product that is prohibited in Maharashtra.
According to reports, the Maharashtra FDA Commissioner, Tukaram Mundhe, issued a nine-page show-cause notice to the three actors, citing the use of the 'VIMAL Elaichi' branding as a potential surrogate advertisement for Vimal Pan Masala. The notice alleges that the advertisement may mislead consumers and create an association with the prohibited product.
The FDA has directed Shah Rukh Khan, Ajay Devgn, and Tiger Shroff to discontinue their participation in the campaign and remove related promotional material from their official social media accounts. The actors have also been asked to explain their position in the matter.
The controversy revolves around the concept of surrogate advertising, where a brand promotes a legal product or service in a manner that could also reinforce consumer recognition of a restricted or prohibited product carrying the same or a closely associated brand identity. In this case, the FDA is concerned that promoting Vimal Elaichi may inadvertently promote the Vimal Pan Masala brand.
Vimal Elaichi is marketed as a mouth freshener containing cardamom and other ingredients, but the FDA's concern is not with the legality of consuming elaichi itself. Instead, the focus is on the Vimal brand identity and whether promoting an associated product can keep the pan masala brand visible to consumers.
The FDA notice reportedly states that if the use of the Vimal name is intended to 'maintain, reinforce or enhance' the brand identity associated with pan masala or tobacco-related products, the communication could potentially be considered surrogate promotion. This is particularly relevant to tobacco and pan masala brands, as direct advertising of these products is restricted under Indian law.
The actors have not publicly commented on the matter, but it remains to be seen how they will respond to the FDA's directives. As the controversy unfolds, one thing is clear: the lines between advertising and promotion can be blurry, and regulators are taking a closer look at the tactics used by brands to reach their audiences.
