Bollywood Actor Ajay Devgn has moved the Bombay High Court challenging the show cause notice (SCN) issued by the Maharashtra Food & Drugs Administration (FDA) over him endorsing the Vimal Elaichi brand.
Notably, in 2024, Devgn endorsed the brand Vimal Elaichi - a cardamom flavoured mouth freshner. However, on August 11, 2026, the Maharashtra FDA issued a SCN to Devgan and other two Bollywood Actors for promoting Vimal Pan Masala under the guise of promoting Vimal Elaichi.
Responding to the SCN, Devgn in September filed a reply maintaining that he participated only in an advertisement for the said product - Vimal Elaichi and did not endorse Vimal Pan Masala.
"Though styled a 'Show Cause Notice', the Impugned SCN is, in substance, a decision or order already taken by the FDA that the issuance of such a notice is a gross abuse of the process of law. A bare perusal of the Impugned SCN makes it abundantly evident that the same has been issued with a premeditated and predetermined mind, and calling upon the Petitioner to show cause against it is a mere farce and an empty formality, since the issuing authority has already reached its conclusion, which is evident from the directions passed against the Petitioner. The Impugned SCN is also ex facie violative of Article 14 of the Constitution of India and of the principles of natural justice. The Impugned SCN is mala fide, patently illegal and wholly arbitrary and would inter alia cause grave and irreparable harm to the Petitioner's reputation and profession," the plea reads.
The FDA is represented by its standing counsel Priyabhushan Kakade. The principal allegation in the SCN is that, although the said Advertisement ostensibly concerns Vimal Elaichi, the use of the Vimal brand name, its presentation, visual elements, dialogue, product name and market identity may create an association with Vimal Pan Masala.
"On this basis, the Impugned SCN alleges that the use of the Vimal brand identity may promote, reinforce or maintain consumer recognition of the prohibited Pan Masala product and is liable to be examined as a surrogate or indirect advertisement. The Impugned SCN calls upon the Petitioner to inter alia immediately discontinue his participation in and endorsement of the said Advertisement; remove the promotional material from platforms under his control; cease its promotion and dissemination; refrain from providing further assistance in its dissemination; furnish details of the due diligence undertaken by him; provide documentary evidence concerning the independent existence of Vimal Elaichi as a product; furnish copies and details of the endorsement agreement and related arrangements; disclose particulars of the platforms and periods of dissemination; and explain why legal action should not be initiated against him," the plea reads.
As per the plea, the SCN also issues a 'Final Warning' under which Devgan is warned that further action may be initiated against him without further reference or notice to him if no explanation is received within the stipulated period or if the explanation furnished is found unsatisfactory.
According to the notice, Devgn has violated the provisions of the Food Safety and Standards Act, (FSSA), the Food Safety and Standards (Advertising and Claims) Regulations, 2018, the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 and other provisions concerning surrogate or indirect advertising, including the Consumer Protection Act, 2019, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA), and the Cable Television Networks (Regulation) Act, 1995 read with the Cable Television Networks Rules, 1994.
The plea is likely to be heard on November 4 by a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna.