The Famous Catchphrase Meets The Law
We have all seen the advertisement. Three massive Bollywood stars—Shah Rukh Khan, Ajay Devgn, and Tiger Shroff—throwing bright saffron in the air. The familiar tune plays, ending with the famous catchphrase: ‘Bolo Jubaan Kesari’.
On the surface, it looks like a high-budget, glamorous advertisement for Vimal Elaichi, a simple cardamom mouth freshener. But the Maharashtra Food and Drug Administration (FDA) is not buying it.
The state regulator recently sent legal notices to all three actors. The accusation? The FDA suspects this is not an ad for cardamom at all. They believe it is a clever trick to indirectly promote Vimal’s pan masala—a product that is legally banned in the state.
This controversy has thrown the spotlight on a very common, yet legally tricky practice in India. Let us break down what happened, why the stars are in the dock, and what the law says about this marketing trick.
The “Cardamom” Trick Explained
To understand why the FDA is angry, you need to understand a term called surrogate advertising.
The word ‘surrogate’ simply means a substitute or a proxy. Surrogate advertising happens when a company wants to advertise a product that is banned or heavily restricted by law—like alcohol, tobacco, or gutkha.
Since they cannot show the banned product on television, they launch a harmless product instead. This harmless product (like cardamom, soda, or mineral water) is given the exact same brand name, logo, colors, and slogans as the banned product.
The goal is simple: to keep the brand’s name fresh in the consumer’s mind. When you see the ad for the mouth freshener, the company hopes you will automatically think of their tobacco or alcohol product.
In the Vimal case, the FDA is examining if the Elaichi ad is just a backdoor method to remind consumers about Vimal’s pan masala.
Why Did The FDA Target Vimal?
The rules around pan masala are very strict in Maharashtra. Gutkha and pan masala that contain tobacco or nicotine have been completely banned in the state since 2012.
This ban is taken very seriously and is extended by the government periodically. Most recently, the ban was extended for another year, running until July 2026.
Because the main product is illegal to sell and advertise, the FDA closely watches any advertisements that might be secretly promoting it. The regulator claims that the Vimal Elaichi ad—with its specific dialogue, market positioning, and massive celebrity presence—crosses the line from a simple mouth freshener ad into an indirect promotion for banned tobacco products.
What The FDA Notice Demands
It is important to note that Shah Rukh Khan, Ajay Devgn, and Tiger Shroff have not been declared guilty of any crime. The FDA has simply issued a “show cause” notice, asking them to explain their actions.
The actors have been given a strict 15-day deadline to submit a written explanation, either personally or through a legal representative. But the FDA did not stop there.
The notice gave the stars four clear instructions:
- Immediately stop participating in and endorsing the Vimal Pan Masala/Cardamom advertisement.
- Delete all promotional material related to this ad from their personal social media accounts.
- Stop providing any support to broadcast, publish, or share the advertisement anywhere.
- Hand over all the legal agreements and contracts they signed for this endorsement.
What The Law Says: Food Safety & Consumer Rights
When a celebrity endorses a product, they are bound by strict Indian laws. The FDA and consumer protection agencies use two major laws to crack down on surrogate advertising.
1. The Food Safety and Standards Act, 2006
Since mouth fresheners and pan masala are consumed by mouth, they fall under food safety laws. The Maharashtra FDA cited specific sections of this Act in their notice.
Section 24 of the Act strictly prohibits any advertisement that is misleading or deceptive regarding food products.
Section 53 deals with the punishment. If a person is found guilty of publishing or being involved in a misleading food advertisement, they can face a hefty penalty of up to Rs 10 lakh.
2. The Consumer Protection Act, 2019
The law also protects the public from being tricked by smart marketing. Under Section 2(28) of the Consumer Protection Act, 2019, an advertisement is legally “misleading” if it:
- Misrepresents the actual product.
- Gives false information about the product’s nature, quality, or origin.
- Deliberately hides important information from the buyer.
To make things even stricter, the Central Consumer Protection Authority (CCPA) released new guidelines in 2022. These rules specifically target misleading ads and hold celebrity endorsers accountable. If an ad tricks a consumer into thinking of a banned product, the CCPA can step in and take action against both the brand and the actor.
A Long History of Proxy Ads in India
The Vimal controversy is just the latest chapter in a very old playbook. Indian television has a long history of brands using legal products to keep restricted names alive.
For example, brands like Rajnigandha Pearls and Baba Elaichi heavily advertise silver-coated cardamom seeds. Because these specific products contain zero tobacco, they can be advertised on billboards and TV, keeping the parent brand’s name famous.
The alcohol industry is famous for this too. For decades, viewers have seen ads for “Imperial Blue Music CDs,” “Bagpiper Soda,” and “Kingfisher Packaged Drinking Water.” Brands like Royal Stag have used their “Make It Large” campaign to promote music and entertainment, often featuring huge stars like Shah Rukh Khan and Ranveer Singh.
While the companies argue that these are real, independent products, critics and regulators argue that they are just a mirage designed to sell liquor and tobacco.
What Happens Next?
The clock is ticking for the three Bollywood superstars. Once they submit their contracts and written explanations, the Maharashtra FDA will review the documents.
The regulators will then decide if the Vimal Elaichi ad was a genuine promotion for cardamom, or a calculated legal violation meant to push banned pan masala. Depending on the findings, the actors and the brand could face heavy fines under the Food Safety Act and Consumer Protection laws.
The Takeaway: Celebrity endorsements carry heavy legal weight in India. Selling cardamom is perfectly legal, but if the law believes you are secretly helping sell banned tobacco, the legal consequences can be severe.
Story reported by Entertainment News in news18.com, Entertainment Latest News, Entertainment News. This article is BareLaw’s independent explanation and analysis.
