Tukaram Mundhe clarifies he’s not targeting Shah Rukh Khan, Ajay Devgn, says FDA issued notices for surrogate advertising: ‘The responsibility is on those who endorse it’ | Hindi Movie News

A week after the Maharashtra Food and Drug Administration (FDA) issued show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their alleged involvement in surrogate advertising for a pan masala brand, FDA Commissioner Tukaram Mundhe has addressed questions over why the actors were also targeted.Mundhe clarified that the action was not intended to single out celebrities for publicity. He explained that under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, responsibility extends to both advertisers and those who promote the products.“The notices which have been sent are about surrogate advertising. Now, there’s a rule to that. As per 2018 Advertising and Claims regulation, it casts equal responsibility on the advertiser or promoter. Whatever you’re promoting has to be truthful. This act hasn’t come from me. It’s a 2018 regulation in the Food sector, being implemented since 2019,” he said on Prakhar Gupta’s podcast.Mundhe referred to the regulations enforced by the Food Safety and Standards Authority of India (FSSAI), which require advertising claims to be truthful, clear and not misleading. According to him, the issue with the advertisement in question is that the brand’s association with a prohibited product can make the promotion misleading.“In this surrogacy ad, the brand is associated with something misleading,” he said.The FDA chief also pointed out that although the product allegedly being promoted through the surrogate advertisement is prohibited in Maharashtra and may therefore be manufactured outside the state, this does not allow brands to promote it within Maharashtra or elsewhere in India where restrictions apply.Shah Rukh Khan, Ajay Devgn and Tiger Shroff feature in advertisements for Vimal Elaichi. The brand is also associated with the manufacture of paan masala, and surrogate advertising of this nature is used by several pan masala brands, many of which have roped in prominent Bollywood celebrities for their campaigns.Mundhe added that celebrities cannot completely distance themselves from responsibility once they agree to endorse a product or campaign.“The responsibility is cast upon those who endorse it, including its implied meaning. It’s written down very clearly. So, if they’re endorsing something, it’s the responsibility of the endorser to ensure it complies with the FSSAI norms and regulations. And it’s written you can be fined upto Rs 10 lakh. You have to withdraw it or other actions can follow,” he said.According to Mundhe, the FDA is not ignoring manufacturers or sellers of prohibited products. He explained that enforcement against those involved in manufacturing and selling is already underway, while celebrities represent a later link in the chain.He said that since the product is “already banned, what comes next is advertising”. “It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said.Describing the celebrities as “the third chain” in the enforcement process, Mundhe added, “So, it’s not targeting somebody,” while responding to the suggestion that the action was aimed at high-profile actors for publicity.The FDA’s show-cause notice states that the advertisement prima facie amounts to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products. Shah Rukh, Ajay and Tiger have been identified as brand endorsers and have been asked to respond within 15 days. The notice has also been described as the “final warning”.The FDA has directed the actors to stop participating in the campaign and remove the promotional material from their official social media accounts, websites and other digital platforms under their control. They have also been instructed not to provide further assistance or cooperation in the broadcasting, publication, circulation or promotion of the advertisement.Additionally, the actors have been asked to submit details of their endorsement agreements, campaign briefs, product information and payment or endorsement arrangements. Details of the advertising agency and brand owner involved in the campaign have also been sought.The FDA has warned that failure to respond within the specified period, or an unsatisfactory explanation, could lead to further action without another notice.Meanwhile, Shah Rukh Khan has previously spoken about his decision to endorse products that may be viewed as harmful. In an earlier interview with CNBC TV-18, the actor argued that if authorities consider a product harmful, they should prohibit its sale rather than penalise those who advertise it.“I would appeal to any authority – ban it. Don’t let it sell in our country. If smoking is bad, stop the production of cigarettes. If you think soft drinks are bad, don’t allow them to be made. My logic is – you’re not stopping them because they bring in revenue,” he said.He further argued, “You’re not stopping certain products because they’re revenue sources for the government. Then don’t stop my revenue. I’m an actor. I’m supposed to do a job and earn from it. And very clearly, if you think something is wrong, stop it. What’s the problem?”Meanwhile, Akshay Kumar and Amitabh Bachchan have previously stepped away from their respective pan masala endorsements, saying they were unaware that the campaigns could be considered surrogate advertising.