Mumbai: Can a celebrity walk away from regulatory action by ending an association with a brand? Bollywood actor Ajay Devgn appears to be making that argument in the Vimal Elaichi advertising controversy, claiming that he is no longer associated with the brand as he challenges the Maharashtra Food and Drug Administration's (FDA) proceedings before the Bombay High Court.

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The development comes as the state regulator prepares to move the cases involving Devgn, Shah Rukh Khan and Tiger Shroff to the adjudication stage after completing its proceedings against the three actors.

Maharashtra FDA Commissioner Tukaram Mundhe confirmed on Friday that all three actors had responded to the show-cause notices. They had sought time for hearings, which the department subsequently granted.

However, Devgn has taken the matter to the Bombay High Court, reportedly seeking exemption from the proceedings on the ground that he is no longer associated with Vimal.

Mundhe identified Devgn as the actor who, when questioned about the development at a press conference, had approached the court.

‘Now the proceedings have been closed, and the Designated Officer is proposing adjudication before the Joint Commissioner, who is the competent authority to adjudicate the case.

One of the actors has approached the High Court,’ Mundhe said. He added that the adjudication process is expected to begin next week.

Why Ajay Devgn has approached Bombay HC

The legal challenge follows the FDA's August action, when it issued show-cause notices to Devgn, Khan and Shroff over their appearances in advertisements for Vimal Elaichi.

The regulator alleged that the promotions amounted to surrogate advertising for Vimal Pan Masala, a product prohibited in Maharashtra.

The notices required the actors to explain their association with the brand and provide relevant details of their endorsement arrangements.

Devgn has reportedly argued that his association with the brand has ended and that he should consequently be spared from the proceedings.

The FDA, however, has indicated that the matter will proceed to adjudication. The Designated Officer is expected to place the case before the Joint Commissioner, who has the authority to decide on the matter.

The department's position suggests that Devgn's approach to the Bombay High Court has not, by itself, halted the regulatory process. However, any further directions from the court could affect the course of the proceedings.

Delhi HC had earlier rejected challenge to FDA notices

The controversy had already reached the Delhi High Court before Devgn approached the Bombay High Court.

On September 14, the Delhi High Court declined to entertain a petition challenging the show-cause notices issued by the Maharashtra FDA to the three actors.

PB Agro LLP, the master licensee responsible for manufacturing and selling elaichi and pan masala products without tobacco under the Vimal brand, filed the petition.

The Delhi High Court observed that courts in Maharashtra were a more appropriate and convenient forum to examine the challenge. The petition was accordingly dismissed.

Devgn subsequently approached the Bombay High Court, taking the legal dispute to the jurisdiction where the FDA proceedings originated.

Vimal controversy puts celebrity endorsements under scrutiny

The regulatory action has also revived questions about the responsibility of celebrities who endorse products marketed under brand identities associated with restricted or prohibited categories.

The Maharashtra FDA's notices sought information about endorsement agreements, distribution channels and evidence establishing whether Vimal Elaichi was independently available as a product.

The issue carries wider public health implications. India accounts for approximately 30% of oral cancer cases worldwide, with the widespread consumption of smokeless tobacco contributing significantly to the burden.

National data registries record more than 1,43,000 new oral cancer cases and nearly 80,000 deaths annually.

As the FDA prepares to begin adjudication, the Vimal advertising controversy is entering another phase.

Devgn's legal challenge, particularly his contention that he is no longer associated with the brand, could become a key aspect of the proceedings.