Delhi High Court rejects Vimal Elaichi’s plea:Demand to cancel notices issued to Ajay Devgn and Shah Rukh; judge says, ‘This is a Maharashtra matter’

The Delhi High Court on Monday dismissed a petition filed by Vimal Elaichi, which sought the cancellation of notices issued to the company’s brand ambassadors, Shah Rukh Khan, Ajay Devgn and Tiger Shroff. Justice Swarna Kanta Sharma said the Delhi High Court did not have territorial jurisdiction in the matter. She said the courts in Maharashtra were a more appropriate and convenient forum for the complaint related to the notices. The Maharashtra Food and Drug Administration (FDA) had issued show-cause notices to the three actors on 14 August, accusing them of misrepresenting the product in Vimal Elaichi advertisements. The FDA alleges that the advertisements indirectly promote Vimal pan masala, which is banned in Maharashtra. Understand the controversy in 6 key questions and answers Question: Why were notices sent to the actors, why did the matter reach the court? Answer: The Maharashtra Food and Drug Administration (FDA) has alleged that Vimal Elaichi advertisements may be surrogate advertisements for the banned Vimal Pan Masala. Surrogate advertising means promoting a banned product under the name of a similar product instead of directly advertising it. PB Agro LLP, the company that manufactures Vimal Cardamom, filed a petition in the Delhi High Court seeking quashing of the show-cause notices issued by the Maharashtra FDA to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. Question: What did the Maharashtra Food Department ask the actors in response? Answer: The FDA asked the actors involved in the advertisements for documents that could prove that Vimal Elaichi and the banned Pan Masala are different products. The advertisement is not an indirect promotion of any prohibited product. The FDA also ordered the advertising campaign to be halted and related promotional materials removed from digital platforms. Question: What argument did the company give in the court on behalf of the actors? Response: The company stated that the FDA’s August 11th notice was sent only to the actors, not to the company. Any action would harm the company the most. The company was not given a chance to present its case. The Maharashtra FDA does not have the authority to direct a halt to advertising. Vimal Pan Masala has not been produced or sold in Maharashtra since 2001. Pan Masala containing tobacco has been banned nationwide by the Supreme Court since 2013. Question: What did the Delhi High Court say during the hearing, why was the petition rejected? Answer: Justice Swaran Kanta Sharma said that this case cannot be heard in the Delhi High Court, because the main dispute is related to Maharashtra. The court said, “The notice was issued by the Maharashtra FDA in Mumbai. The notice relates to alleged activities and legal violations in Maharashtra.” The concerned brand ambassador is a resident of Mumbai. Therefore, the courts of Maharashtra are a more appropriate and convenient forum for this matter. Question: What rights does having a company office in Delhi give? Answer: The court said that merely doing business in Delhi, making payments from Delhi or planning advertising campaigns in Delhi does not automatically give the Delhi High Court jurisdiction to hear the case. Old statements of celebs on the pan masala ad controversy The pan masala ad has been a topic of controversy for a long time. However, actors say that the sale of the ad, not the ad itself, should be banned. Shah Rukh Khan and Ajay Devgan have previously stated that if a product is harmful to health, the government should ban its manufacture and sale. In an old CNN-IBN interview, Shah Rukh Khan was asked about the Health Minister’s appeal to celebrities to stop advertising products like soft drinks, as children are likely to drink them. Shah Rukh Khan responded that if cigarettes or soft drinks are harmful, the government should ban their sale and production in the country. The government gets revenue, then why do they stop my earnings – Shah Rukh In his response, Shah Rukh Khan argued that the government doesn’t ban such products because they generate revenue for the government. Shah Rukh stated that if the government isn’t stopping production for its own revenue, then his earnings shouldn’t be stopped either. He added that he’s an actor and earning money through work is his profession. If something is truly wrong, its production should be stopped. Ajay Devgn said, “I only promote cardamom.” Even in 2022, when controversy erupted over such advertisements, actor Ajay Devgn spoke out. He stated that he only advertises “cardamom” and denied allegations of surrogate advertising. He said that using a product depends on a person’s personal choice. Ajay agreed with Shah Rukh Khan, saying that if a product is harmful, its production should be banned first. There was controversy over these ads of celebs too Kriti Sanon Raksha Bandhan Ad Controversy: Actress Kriti Sanon recently appeared in the jewelry brand Jiva’s ad. In the ad, Kriti wore revealing clothing while tying a Rakhi to her brother and dog, which sparked controversy. The brand removed the ad amid criticism. Aamir Khan’s housewarming ad controversy: A few years ago, Aamir Khan appeared in an ad for a private bank with Kiara Advani. In it, Aamir Khan is seen entering his in-laws’ house as a son-in-law, unlike a bride entering her house after marriage. Hindu-Muslim controversy over Tanishq ad: Tata Group’s famous jewellery brand Tanishq had released an ad based on inter-religion marriage a few years ago. The ad depicts a Hindu girl marrying a Muslim boy. The ad sparked widespread controversy, prompting Tanishq to remove the video from its YouTube channel. ​