Maharashtra Food and Drug Administration (FDA) commissioner Tukaram Mundhe has defended the agency’s action against celebrities and others involved in advertisements that may amount to surrogate promotion of prohibited tobacco or pan masala products. He said responsibility could extend across the advertising chain and that regulations would apply to everyone involved.
The FDA is examining whether the advertisement could constitute indirect or surrogate promotion of pan masala or tobacco-related products. According to the agency, the concern is linked to the company’s past sale of gutkha and whether the promotion of an associated product could effectively advertise a prohibited product.
Mundhe said the action was based on provisions concerning food advertising and misleading claims under the Food Safety and Standards regulations. He said the relevant regulation came into existence in 2018 and was implemented from July 1, 2019.
The FDA commissioner also said celebrities and other endorsers should examine the applicable regulations before associating themselves with products or advertisements. According to him, responsibility could extend to those involved in creating, publishing, sponsoring or endorsing an advertisement if violations are established.
The notices issued to the actors are, at this stage, show-cause notices rather than findings of guilt. The recipients are expected to explain their position, after which the authorities can determine whether further action is warranted. The FDA has said that action would depend on whether the advertisements are found to violate applicable provisions.
Mundhe also referred to provisions dealing with misleading claims. He said representations made through physical advertisements, electronic platforms, social media or other forms of communication could fall under scrutiny if they make claims that are untrue or misleading.
The Vimal advertisement controversy comes amid a wider food-safety enforcement drive by the Maharashtra FDA. The department has been conducting inspections of food businesses, restaurants, hotels and establishments associated with online food-delivery and quick-commerce platforms.
The FDA inspected 86 establishments across Maharashtra on August 13 that sell or deliver food through online platforms. It subsequently issued 60 improvement notices and ordered the temporary suspension of operations at one facility, according to PTI.
The department also suspended the licence of a Parle Agro facility in Chembur after officials reportedly found expired stocks of Frooti, Appy and Apple Fizz at its warehouse. Licences of several food businesses associated with quick-commerce platforms including Blinkit, Zepto and Instamart were also suspended over alleged food-safety and hygiene violations.
The broader enforcement campaign and the Vimal notices reflect the FDA’s stated focus on compliance with food-safety and advertising regulations. However, the allegations against individual advertisers and endorsers remain subject to the regulatory process and their responses to the notices.
