Speaking to NDTV, Mundhe shared that the FDA has already started legal proceedings against one of the actors who did not respond to the notice within the given time.
He said, “Even though they might be stars, to me they are just advertisers in this case.
So I am treating them as lawbreakers, and the law will take its own course.That’s why we have started taking action.”
The Maharashtra FDA gave notices to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff on August 11, giving them 15 days to respond.
According to Mundhe, two of the three responded, while the third did not.He did not say which actor failed to respond.“We have taken this action as per the law,” Mundhe said.
He added that proceedings have begun in the case where the actor did not submit a response.
“In one case where they have not responded, we are starting the adjudicating and prosecution proceedings,” he said.
When asked whether Shah Rukh Khan’s team had responded to the notice, Mundhe said, “Most likely he has not responded, but I’m not too sure about it.”
The two actors who responded argued that the responsibility should be on the manufacturer, according to Mundhe.
He said their responses will be considered during the hearing process.“We are giving them a hearing.My officer, the assistant commissioner who issued the notices, will be giving the hearing,” he said.
Mundhe rejected the claim that celebrities have no responsibility when the manufacturer is at fault.
He said, “There are clear advertising rules under the Food Safety Act.
These rules specify who the advertiser is and place a clear responsibility on that person or institution.It is wrong to say that they are not responsible.This is not just a moral issue, but a legal one.I am here as a regulator.”
The FDA’s action is based on the belief that the Vimal Elaichi advertisement was a form of surrogate promotion for Vimal Pan Masala.
Surrogate advertising refers to promoting a restricted or prohibited product through another product or brand connected to it.
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