Source : INDIA TODAY NEWS
Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe has defended the decision to issue show-cause notices to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over a pan masala advertisement, saying celebrities who endorse such campaigns also have a responsibility under food safety regulations. Addressing the criticism that the action was aimed at high-profile actors for publicity, Mundhe said the rules apply to promoters as well as advertisers and that the FDA is also taking action against manufacturers and sellers.
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Speaking to Prakhar Gupta on his YouTube channel, Mundhe said the notices were issued under an existing rule and not on his personal discretion. He said the law places equal responsibility on advertisers and promoters, and that whatever is being promoted has to be truthful and in line with FSSAI norms.
Explaining the basis for the action, Mundhe said, “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 referred to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, enforced by the Food Safety and Standards Authority of India, which require claims to be truthful, unambiguous and not misleading. “In this surrogacy ad, the brand is associated with something misleading,” he said, indicating that a banned product was being promoted through such advertisements.
Mundhe said the product for which surrogate advertising is being done is banned in Maharashtra, and added that manufacturing it outside the state does not permit its promotion across India, including in Maharashtra, where it is prohibited. Shah Rukh Khan, Ajay Devgn and Tiger Shroff appear in an advertisement for Vimal Elaichi, while the brand also manufactures pan masala. He said several pan masala brands use surrogate advertising and many have signed up celebrities as endorsers.
On whether a celebrity can also be held liable in cases of surrogate advertising, Mundhe said, “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 added that action was not limited to endorsers. “It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said, describing the celebrities endorsing the prohibited product as “the third chain” against whom action was being taken. “So, it’s not targeting somebody,” Mundhe said, responding to suggestions that the FDA was going after A-list stars for publicity.
In its show-cause notice, the FDA said the advertising prima facie amounted to “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products. The actors were described as brand endorsers and were asked to respond within 15 days, with the notice termed a “final warning”.
The FDA also directed the three actors to immediately stop their participation and remove the promotional material from their official social media handles, websites and other digital platforms under their control. They were further told not to provide any cooperation or assistance in the broadcasting, publication, dissemination or promotion of the advertisement in any form.
According to the order, they have also been asked to provide copies and details of their endorsement agreements, campaign briefs, product information, payment or endorsement arrangements, and details of the advertising agency and brand owner involved in the campaign. The FDA warned that if no explanation is received within the stipulated period, or if the explanation is found unsatisfactory, action may be initiated without further notice.
Shah Rukh Khan had earlier spoken about endorsing such products and said that if they are considered harmful, they should be banned. “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 told CNBC TV-18.
He added, “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 had withdrawn their endorsements of pan masala brands earlier, saying they were not aware that such promotions fell under surrogate advertising. The latest FDA action has brought focus back on the role of celebrity endorsers, with Mundhe maintaining that manufacturers, sellers and endorsers can all be held responsible under the regulations.
– Ends
SOURCE :- TIMES OF INDIA
