The Delhi High Court has dismissed a petition filed by the manufacturer of Vimal Elaichi challenging regulatory show-cause notices served on actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over allegations of surrogate advertising in Maharashtra.
In an order passed on Monday, Justice Swarana Kanta Sharma held the petition to be non-maintainable on grounds of territorial jurisdiction. Invoking the doctrine of forum conveniens, the court stated that judicial forums within Maharashtra represent the more appropriate and convenient venue for the company to pursue its grievances against the state regulator.
Surrogate Marketing Allegations
The proceedings stem from enforcement measures initiated by the Maharashtra Food and Drug Administration (FDA). The regulatory authority alleged that promotional broadcasts for Vimal Elaichi serve as surrogate marketing for Vimal Pan Masala, a chewable tobacco-related product currently banned within the state.
Through its communications, the Maharashtra FDA directed the three celebrity endorsers to provide official documentation establishing that the cardamom product marketed under the Vimal brand is distinct from the prohibited pan masala lineup. The authority additionally ordered a cessation of the promotional campaign and directed the withdrawal of related advertising materials from digital channels.
Company Contends Due Process Violations
Petitioner PB Agro LLP, which produces the cardamom brand, had moved the high court seeking the quashing of the regulatory action. The company stated that it engages the high-profile actors under formal endorsement agreements and maintained that its advertising campaigns operate in complete compliance with applicable statutory frameworks.
Legal counsel representing the manufacturer raised procedural objections, arguing that the FDA’s notice, dated August 11, was served exclusively to the celebrity ambassadors rather than the commercial entity itself. The counsel argued that the company was denied an opportunity to be heard, despite standing to sustain irreparable harm from any adverse regulatory determinations enforced by the Maharashtra authority.
