Actor Ajay Devgn has termed the show-cause notice issued to him by the Maharashtra Food and Drugs Administration (FDA) for endorsing "Vimal Elaichi" as a “mere farce and an empty formality.”Ajay DevgnIn his petition filed before the Bombay high court, Devgn said that the FDA had already reached a conclusion by treating his endorsement of "Vimal Elaichi" as promotion of "Vimal Pan Masala," even before considering his explanation, adding that the show-cause notice served to him by the FDA on August 16 was “premeditated and predetermined”.A bench is likely to hear the actor's petition on November 4The petition also termed the action wholly arbitrary and mala fide, in abject violation of the principles of natural justice, and as constituting a flagrant abuse of the process of law.What happened so farOn August 16 this year, the FDA issued notices to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff under the Food Safety and Standards Act (FSS Act), 2006, stating that their “participation in and endorsement or promotional support for advertisements relating to “VIMAL” brand Pan Masala or Elaichi is in violation of the provisions of the Act”.The agency demanded an immediate halt to their participation in the advertising campaign, the removal of promotional content across digital platforms, and the submission of due diligence details undertaken prior to endorsing the product.According to the FDA, such promotions constitute surrogate advertising because the Vimal brand is prominently associated with Pan Masala or Gutkha, which are prohibited products in Maharashtra. The authority maintained that public figures are accountable for the products they endorse under Section 24 of the Food Safety and Standards (Advertising and Claims) Regulations, 2018, and cannot claim ignorance.On August 21, Devgn submitted his reply to the notice, clarifying that he had participated only in an advertisement for Vimal Elaichi and had not endorsed Vimal Pan Masala. “The product is available in the market, and its sale has not been prohibited.

The advertisement did not refer to any other product, and I undertook due diligence before participating. The advertisement is not one for the Vimal brand per se, and I have no role in the broadcast of the advertisement or the business”, it said.On September 14, the Delhi high court dismissed the Vimal maker's challenge to the Maharashtra notices because it lacked territorial jurisdiction.

It considered Maharashtra the appropriate forum and left the campaign’s legality undecided.What else does the petition state?The petition filed before the Bombay high court on October 15 states that the directions issued by the FDA “travel far beyond merely setting out the allegations or requesting an explanation” in the form of a show cause from him. Devgn submitted that his engagement was confined to endorsing Vimal Elaichi only and claims that the FDA has “erroneously conflated” Vimal Elaichi with Vimal Pan Masala.

The FDA has approached the matter with a “closed mind” and has already held him “guilty of the alleged violations,” he adds.Devgn states that the directions issued to him to immediately discontinue his participation in a “lawful advertisement of a lawful product”, is a wholly unreasonable, restriction on his right to practise his profession and to carry on his occupation under the Indian Constitution.