The makers of Vimal Elaichi on Tuesday approached the Delhi High Court (HC) seeking to quash the show-cause notices issued to its brand ambassadors Shah Rukh Khan, Tiger Shroff and Ajay Devgn by the Maharashtra Food and Drug Administration (FDA) over an advertising campaign for the cardamom product.
A single-judge bench comprising Justice Swarana Kanta Sharma has reserved its order on whether the Delhi HC has territorial jurisdiction to hear the matter.
Actors featuring in the Vimal Elaichi ad
Company challenges action by FDA
The company named PB Agro said in its petition that it engages reputed actors to promote its cardamom product under the Vimal brand. It added that its endorsement agreements with the actors specifically require advertising campaigns to remain in ‘full compliance of the applicable laws.’
However, the Maharashtra food safety regulator issued notices alleging that advertisements for Vimal Elaichi amounted to surrogate promotion of Vimal Pan Masala, a chewable product that is banned across the state.
The body directed the actors featured in the advertisements to furnish documents establishing that Vimal Elaichi is distinct from the banned pan masala products. Furthermore, it asked them to discontinue the promotional campaign and withdraw related material from digital platforms.
“Company’s version not heard,” reads petition
Appearing on behalf of PB Agro, the company’s counsel contended that the August 11, 2026 notice was issued only to the actors and not to the company itself. It submitted that PB Agro would suffer irreparable loss if action were taken by the state regulator despite the company not having been made a party to the proceedings.
It further argued that the company was not given an opportunity to be heard before the issuance of the notices. It added that the Maharashtra FDA lacked jurisdiction to direct the actors to continue the advertisements.
Pan Masala not sold in Maharashtra since 2001
Thereafter, the company challenged the basis of the surrogate advertising allegations, arguing that Vimal Pan Masala had neither been manufactured nor been sold in Maharashtra since 2001. It said during the submissions that pan masala containing tobacco has been banned nationwide by the Supreme Court (SC) since 2013.
However, the counsel representing the Centre and the Central Consumer Protection Authority (CCPA) opposed the petition. They contended that PB Agro should have approached the Bombay High Court (HC) since the impugned show-cause notice had been issued by the Maharashtra government’s regulator.
The Delhi HC has since reserved its order on the preliminary question of territorial jurisdiction. The court’s decision is likely to determine whether the petition can be examined by the Delhi HC or whether the company will have to pursue the legal recourse before the Bombay HC.