The Delhi High Court has dismissed a petition filed by PB Agro LLP, the manufacturers of Vimal Elaichi, challenging show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to their celebrity brand ambassadors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff.
The court ruled that the plea was not maintainable due to a lack of territorial jurisdiction, citing the doctrine of forum conveniens. It determined that courts in Maharashtra would be a more appropriate and convenient venue for the company to address its grievances regarding the notices.
FDA Accusations and Company's Defense
The Maharashtra FDA had issued the show-cause notices last month, alleging that the Vimal Elaichi advertisements prima facie constitute an “indirect or surrogate” promotion of prohibited pan masala and tobacco-related products. The regulator specifically highlighted that the use of the “VIMAL Elaichi” name and brand identity could mislead consumers by associating it with the Vimal Pan Masala brand, thereby indirectly promoting a restricted product.
In response, PB Agro LLP stated that they engage reputed actors to promote their cardamom product and that their endorsement agreements mandate full compliance with applicable laws for all advertising campaigns. Despite this, the Delhi High Court declined to intervene on jurisdictional grounds.