FDA Commissioner Defends Notices to Bollywood Stars over Surrogate Advertising
In a significant move addressing the ethics of celebrity brand endorsements, Maharashtra Food and Drug Administration (FDA) Commissioner Tukaram Mundhe has responded to the criticism surrounding recent show-cause notices issued to Bollywood superstars Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. The notices, issued last week, concern the actors’ involvement in promoting products that the FDA identifies as surrogate advertising for banned pan masala and tobacco brands.
Clarifying the Regulatory Framework
Addressing concerns that the agency is targeting high-profile individuals for publicity, Mundhe clarified that the enforcement is rooted in long-standing legal mandates. During an appearance on Prakhar Gupta’s podcast, the FDA chief emphasized that the Food Safety and Standards (Advertising and Claims) Regulations, 2018, which have been in effect since 2019, hold both the advertiser and the endorser equally accountable for the veracity of the claims made.
“Whatever you’re promoting has to be truthful,” Mundhe stated. He explained that by associating themselves with a brand that effectively promotes a prohibited substance through surrogate marketing, celebrities fall under the purview of these regulations. Under the law, endorsers are required to ensure that their promotional activities comply with FSSAI norms, with penalties for non-compliance reaching up to ₹10 lakh.
A Three-Tiered Approach to Enforcement
Mundhe pushed back against the narrative that the FDA is focusing solely on actors. He described the celebrities as the “third chain” in the enforcement process, noting that the agency has been consistently acting against manufacturers and distributors of the banned products.
“It’s not like we’ve spared the manufacturer or seller. We’re already acting against them,” he said, reiterating that the recent notices are a procedural step in broader regulatory compliance rather than an attempt to single out individuals.
The Scope of the “Final Warning”
The notices have been categorized as a “final warning,” directing the actors to:
- Immediately cease participation in the advertising campaign.
- Remove all promotional material from social media, websites, and other digital platforms.
- Submit detailed documentation, including endorsement agreements, campaign briefs, and financial arrangements regarding the advertisements.
The actors have been given 15 days to respond. Failure to provide a satisfactory explanation or address the violations could lead to further, more stringent legal action.
The Ongoing Debate on Responsibility
The issue of celebrity endorsements has long been a subject of controversy in India. While some stars, such as Amitabh Bachchan and Akshay Kumar, have previously resigned from such campaigns after public backlash, others have challenged the logic of the regulations.
Shah Rukh Khan, in a past interview with CNBC TV-18, defended his professional choices by questioning the government’s stance on revenue-generating products. “If smoking is bad, stop the production of cigarettes… If you think something is wrong, stop it,” the actor argued, suggesting that as long as the state permits the manufacturing and sale of a product, the responsibility of the legality of the promotion should not lie with the performer.
As the FDA continues its crackdown, the standoff highlights the widening gap between traditional celebrity endorsement contracts and the increasingly strict oversight of consumer safety and public health advertising regulations.
