PB Agro, the maker of Vimal Elaichi, has approached the Delhi High Court challenging show-cause notices issued by the Maharashtra Food and Drugs Administration (FDA) to Bollywood actors Shah Rukh Khan, Ajay Devgn and Tiger Shroff over advertisements for the product.
Justice Swarana Kanta Sharma on Monday reserved her judgment on the preliminary issue of whether the Delhi High Court has jurisdiction to entertain the petition.
The dispute stems from notices issued by the Maharashtra FDA alleging that advertisements for Vimal Elaichi amounted to surrogate promotion of Vimal Pan Masala, a chewable product that is banned in Maharashtra.
The state regulator had directed the celebrity ambassadors featured in the advertisements to furnish documents establishing that Vimal Elaichi is distinct from the banned pan masala products. It had also directed that the promotional campaign be halted and related advertising material removed from digital platforms.
Senior Advocates Dayan Krishnan and Mohit Mathur, appearing for PB Agro, argued that the FDA’s August 11, 2026 notice was addressed only to the actors and not to the company itself, despite the company claiming that it would suffer irreparable prejudice from the regulatory action.
The company further contended that the Maharashtra FDA had no jurisdiction to direct the discontinuation of the advertisements.
In its petition, PB Agro argued that allegations of surrogate advertising were unfounded, pointing out that Vimal Pan Masala had not been manufactured or sold in Maharashtra since 2001. It also submitted that pan masala containing tobacco has been prohibited nationwide pursuant to Supreme Court directions since 2013.
The High Court was also informed that the Central Consumer Protection Authority (CCPA) was separately examining similar allegations concerning the advertisements and had not issued any direction against the campaign.
Advocate Rukhmini Bobde, appearing for the Central Government and the CCPA, raised a preliminary objection regarding jurisdiction, submitting that the appropriate forum for the petition is the Bombay High Court. Pointing out that the Maharashtra government was not present to defend its show-cause notice, Bobde added that the CCPA’s ongoing inquiry does not conflict with or preclude the notice issued by the Maharashtra FDA.
Justice Sharma has reserved her decision on whether the Delhi High Court can entertain the challenge.
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