The Delhi High Court has rejected a request from PB Agro LLP, the company that makes Vimal Elaichi, which questioned notices sent by the Maharashtra Food and Drug Administration (FDA) to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff.These notices were related to claims that the advertisements for Vimal Elaichi were misleading.
Justice Swarana Kanta Sharma stated that the company’s request was not suitable for the Delhi High Court because it did not have the correct jurisdiction.
The court said that the Maharashtra courts would be a better and more convenient place for the company to deal with these notices, based on the principle of forum conveniens.
What is the Vimal Elaichi case?
PB Agro LLP went to the Delhi High Court after the Maharashtra FDA sent notices to actors who appeared in Vimal Elaichi advertisements.
The company stated that it uses well-known actors to promote its cardamom product under the Vimal brand and claims that its endorsement agreements and ad campaigns follow the law.
In the request, the Maharashtra FDA claimed that the Vimal Elaichi ads were similar to the promotion of Vimal Pan Masala, a product that is not allowed in Maharashtra.
The regulator asked the actors in the ads to provide proof that Vimal Elaichi is a different product from the banned pan masala products.
The notices also asked the actors to stop the campaign and remove the related ads from digital platforms.
PB Agro challenged notices issued to brand ambassadors.
The company told the court that the August 11 notice was only sent to the actors, not to PB Agro itself.
The company’s lawyer said that the company would be directly affected if the Maharashtra regulator took action.The petitioner also said that it was not given a chance to explain its side before the notices were sent.
The company therefore asked the Delhi High Court to stop the regulatory actions.
However, the court refused the request because of the issue with the court’s jurisdiction.
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