New Delhi, September 15 (Daily Kiran) : The Delhi High Court has dismissed a petition filed by PB Agro, the company behind Vimal Elaychi, regarding notices issued by the Maharashtra Food and Drug Administration (FDA). These notices were directed at Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff, concerning alleged misleading advertisements for Vimal Pan Masala.
Justice Swarna Kanta Sharma ruled that the case did not fall under the jurisdiction of the Delhi High Court. The court noted that any complaints or objections arising from the notices issued by the state FDA would be more appropriately addressed in Maharashtra.
The court further stated that PB Agro failed to demonstrate that a significant part of the case originated in Delhi. The company had argued that the Delhi High Court had jurisdiction because its headquarters is located there, and the advertising campaign was allegedly conceived and managed from the capital. They also claimed that payments to the brand ambassadors were made from Delhi.
However, the court rejected these arguments, clarifying that PB Agro was not the recipient of the show-cause notices. The company was neither asked to file a response, remove any advertisements, present documents, nor appear before the Maharashtra FDA.
This dispute centers around the notices issued by the Maharashtra FDA to the three actors regarding their alleged indirect promotion of Vimal Pan Masala. These actors have been associated with advertisements for Vimal Elaychi, a product sold by PB Agro.
On Monday, the Delhi High Court reserved its decision on jurisdiction after hearing PB Agro’s petition. The company sought an order to quash the notices issued by the Maharashtra FDA.
During the hearing, the petitioner argued that the notices were directed only at the actors and not at the company itself, even though PB Agro is the entity that could face irreparable harm due to any actions related to the advertisements. They also contended that the Maharashtra FDA lacked the jurisdiction to issue directives to halt the advertisements.
In response, the central government and the Central Consumer Protection Authority (CCPA) opposed the admissibility of the petition in the Delhi High Court. They argued that the company should have appealed to the Bombay High Court since the contested action was taken by the Maharashtra FDA.
The CCPA stated that while it is independently investigating the matter, it has no objections to the notices issued by the Maharashtra FDA.
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