Delhi High Court to rule on jurisdiction in Vimal Elaichi actors' show-cause dispute

The Delhi High Court will issue its decision on whether it can entertain a petition by PB Agro LLP seeking to set aside Maharashtra FDA show-cause notices served to Shah Rukh Khan, Ajay Devgn and Tiger Shroff over alleged surrogate advertising of Vimal Elaichi. The order is slated for September 14.

On September 14, Justice Swarana Kanta Sharma of the Delhi High Court will announce whether the court has territorial jurisdiction to hear PB Agro LLP’s plea to overturn Maharashtra Food and Drug Administration show-cause notices issued to Shah Rukh Khan, Ajay Devgn and Tiger Shroff. The notices allege that the Vimal Elaichi advertisements amount to surrogate promotion of Vimal Pan Masala, a chewable product prohibited in Maharashtra.

PB Agro LLP contends the FDA’s directives were sent solely to the actors, leaving the company unable to defend itself, and asserts that the campaign complies with all applicable laws. The firm also points out that Vimal Pan Masala has not been manufactured or sold in Maharashtra since 2001 and that tobacco-containing pan masala has been banned nationwide by the Supreme Court since 2013. Maharashtra FDA has demanded documentation proving Vimal Elaichi’s distinction from the banned product and has called for the removal of related promotional material from digital platforms.

Representatives of the Centre and the Central Consumer Protection Authority argue the petition should be filed before the Bombay High Court, given the state-origin of the notice. The forthcoming decision will clarify the appropriate forum for such regulatory disputes.