Delhi HC reserves order; merits of allegations yet to be decided
The Delhi High Court has reserved its order on a plea filed by PB Agro LLP, the master licensee for Vimal Elaichi, challenging show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over their endorsement of the brand.
Justice Swarana Kanta Sharma reserved the order after hearing arguments on the preliminary question of whether the Delhi High Court has jurisdiction to entertain the petition. The court has not yet examined or ruled on the merits of the allegations concerning surrogate advertising.
Maharashtra FDA flags alleged surrogate promotion
The controversy began after the Maharashtra FDA issued show-cause notices on August 11, 2026, to Shah Rukh Khan, Ajay Devgn and Tiger Shroff, who are brand ambassadors for Vimal Elaichi.
The regulator alleged that advertisements promoting Vimal Elaichi could amount to surrogate advertising for Vimal pan masala, a product prohibited in Maharashtra. The FDA reportedly directed the actors to discontinue their participation in the campaign and remove related promotional material from digital platforms.
The actors were also asked to provide explanations and documents establishing that the advertised chewing elaichi was distinct from the pan masala products associated with the Vimal brand.
PB Agro challenges FDA action
PB Agro LLP approached the Delhi High Court seeking to quash the notices, arguing that the actors had been engaged specifically to promote chewing elaichi and not pan masala.
The company has denied allegations of surrogate advertising, maintaining that the campaign does not directly or indirectly promote pan masala. It has also argued that the Vimal pan masala brand in question has not been manufactured or sold in Maharashtra since 2001.
PB Agro further questioned the Maharashtra FDA’s authority to direct discontinuation of the advertising campaign and argued that the notices were issued only to the brand ambassadors even though any regulatory action would directly affect the company.
Jurisdiction becomes the key legal battle
A major issue before the Delhi High Court was whether the petition should be heard in Delhi or Maharashtra.
Representing the Central Government and the Central Consumer Protection Authority (CCPA), advocate Rukhmini Bobde opposed the maintainability of the plea before the Delhi High Court. The argument was that since the notices were issued by the Maharashtra FDA, any challenge should be brought before the Bombay High Court.
PB Agro, however, argued that the Centre’s Ministry of Health and Family Welfare was also a party to the proceedings and that the relevant regulatory framework has a connection with authorities based in Delhi.
The company also pointed out that the CCPA was separately examining similar allegations but had not issued any direction against the advertisement campaign.
Delhi HC reserves order
After hearing arguments from PB Agro, the Central Government and the CCPA, Justice Swarana Kanta Sharma reserved her order on the jurisdiction issue.
The court’s immediate decision will determine whether PB Agro’s challenge can proceed before the Delhi High Court or whether the company will have to pursue the matter before the appropriate court in Maharashtra.
The underlying dispute over whether the Vimal Elaichi advertisements constitute surrogate promotion of pan masala remains unresolved.
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