Delhi High Court Dismisses Plea Against Maharashtra FDA Notices to Bollywood Stars

The Delhi High Court on Monday dismissed a plea filed by PB Agro LLP, maker of Vimal Elaichi, challenging show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over alleged surrogate advertising of Vimal Pan Masala. The court did not rule on the merits of the FDA’s allegations, holding instead that Maharashtra was the appropriate jurisdiction as the notices originated there and the actors reside in the state.

PB Agro had argued that the presence of central regulators, including the Food Safety and Standards Authority of India (FSSAI) and the Central Consumer Protection Authority (CCPA), in Delhi gave the Delhi High Court jurisdiction. The court rejected the argument. The Maharashtra FDA had issued notices over the actors’ appearance in a Vimal Elaichi advertisement, alleging that its presentation, dialogue, product branding and association with Vimal could indirectly promote pan masala, which is prohibited in Maharashtra.

The FDA invoked provisions of the Food Safety and Standards Act, 2006, including Section 24 on misleading or deceptive food advertising and Section 53, which allows penalties of up to ₹10 lakh for such advertisements. The Centre and CCPA had also opposed the plea’s maintainability before the Delhi High Court, saying the Bombay High Court was the appropriate forum. Meanwhile, the CCPA told the Delhi court that it was independently examining similar allegations concerning the advertisement, although it had not ordered the campaign to be stopped.

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