Delhi HC rejects Vimal Elaichi maker’s plea against FDA notices to SRK, Ajay Devgn, Tiger Shroff
The Delhi High Court on Monday dismissed a plea by Vimal Elaichi maker PB Agro LLP challenging a Maharashtra Food and Drug Administration (FDA) show-cause notice issued to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over the alleged surrogate advertising of Vimal Pan Masala.
Dismissing the petition without ruling on the merits of the FDA’s allegations, the court held that Maharashtra is the appropriate forum since the actors reside there and the notice originated in the state. It also rejected PB Agro’s argument that the presence of central regulators—including the FSSAI and the Central Consumer Protection Authority (CCPA)—in Delhi conferred jurisdiction.
A single judge bench of Justice Swarana Kanta Sharma had, on 7 September, reserved the order on the matter and focused entirely on territorial jurisdiction rather than the merits of the case.
The Maharashtra FDA had issued show-cause notices to Khan, Devgn and Shroff over their appearance in the Vimal Elaichi advertisement. The regulator alleged that the campaign indirectly promotes Vimal Pan Masala, a product prohibited in Maharashtra. The FDA has said the advertisement’s presentation, dialogue, product name and the association of the Vimal brand with pan masala raise questions of surrogate advertising.
The petition, filed by PG Agro LLP, the manufacturer of Vimal Elaichi, sought quashing of the notices issued to the three actors. The manufacturer alleged that Maharashtra FDA did not have jurisdiction to direct the advertisement to be stopped.
It also been pointed out that the notices were issued to the actors, not to the company, despite the company claiming it would be directly affected by any action against the campaign.
Right jurisdiction
Meanwhile, the Centre and the Central Consumer Protection Authority (CCPA) opposed the maintainability of the plea before the Delhi High Court. It argued that the regulatory violations and the regulator’s action originated in Maharashtra, making the Bombay High Court the appropriate court having the jurisdiction of the case.
It also informed the Delhi high court that it was examining some similar allegations independently, concerning the advertisement, although it had not directed the campaign to be stopped.
The food regulator had invoked Section 24 of the Food Safety and Standards Act, 2006, which addresses misleading or deceptive food advertisements, and Section 53, which provides for a penalty of up to ₹10 lakh for such advertisements. The notice issued by the regulator also referred to the state’s prohibition on the manufacture, storage, transportation, distribution and sale of gutka and pan masala containing tobacco or nicotine.
According to Kroll’s ranking of India’s most powerful celebrity brands for 2025 report, Shah Rukh Khan jumped to the top spot in 2025 with a brand value of $177.9 million.
