The Delhi High Court has rejected a petition filed by PB Agro, the manufacturer of Vimal Elaichi, against show-cause notices issued to their brand ambassadors Shah Rukh Khan, Ajay Devgn and Tiger Shroff. The court observed that it did not have jurisdiction over the matter, as the notices originated in Maharashtra.
The Delhi High Court on Monday rejected a petition filed by PB Agro, the manufacturer of Vimal Elaichi, against show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to their brand ambassadors Shah Rukh Khan, Ajay Devgn and Tiger Shroff. The court, presided over by Justice Swarana Kanta Sharma, observed that it did not have territorial jurisdiction over the matter, since the notices originated in Maharashtra.
The petition had sought directions to quash the notices issued to the actors on August 11 in connection with an advertisement for Vimal Elaichi mouth freshener. The FDA alleged that the advertisement amounted to surrogate promotion of Vimal Pan Masala, a product banned in Maharashtra.
The agency had asked the actors to provide documentary evidence showing that Vimal Elaichi is an independent product available for sale in the market. They were also directed to immediately stop participating in or endorsing the advertisement and remove the promotional content from their social media accounts, websites and other digital platforms.
PB Agro argued that the FDA’s notice was issued only to the actors and not to the company, even though the company would suffer ‘irreparable harm’ from the action. The company argued that its petition was maintainable as the company operated from Delhi, its advertising campaign was handled there, payments to its brand ambassadors were made from the capital, and the alleged harm was suffered in Delhi.
However, the court rejected the arguments, stating that the impugned notice stemmed from an independent action taken by the Mumbai FDA.
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