Now Reading: Maharashtra FDA targets celebrities over surrogate tobacco ads
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Maharashtra FDA targets celebrities over surrogate tobacco ads
Maharashtra FDA Commissioner Tukaram Mundhe has taken on celebrities who endorse products like Vimal Elaichi, which the FDA suspects is a surrogate advertisement for tobacco. The agency has asked actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff to explain their endorsements, arguing the product has no market identity independent of its association with tobacco.
The move relies on the Cigarettes and Other Tobacco Products Act (COTPA) Rules, though the Delhi High Court ruled in 2024 that the state must prove a case of surrogate advertising rather than rely on brand registration alone. India has the world's highest burden of oral cancer, and the Consumer Protection Act 2019 also imposes endorser liability with heavy financial penalties.
The FDA's actions could narrow the space for surrogate advertising, but if not handled fairly, it risks being seen as regulatory overreach. The inquiry will test whether the evidence withstands legal scrutiny.
Indian Opinion Analysis
India has banned direct tobacco advertising since 2004 under COTPA, but surrogate ads remain widespread through brand extensions such as elachi, pan masala and mineral water. Celebrities provide the crucial recall link. The 2019 consumer law already makes endorsers liable for misleading ads, but enforcement has been rare. Mundhe's approach shifts the burden to the endorser early, which is a new tactic. The key signal to watch is whether the FDA files formal complaints under COTPA or the Food Safety Act, or whether celebrities obtain a stay from a court. If the cases hold, other state FDAs may follow, reshaping how brand extensions are marketed in India.
Source: thehindu.com
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