Summary
- It pointed out that the notices issued by the Maharashtra FDA were addressed to the actors and not to PB Agro.
- During the hearing, PB Agro also argued that any action against the advertisement could have an impact on the company, even though the notices had been issued only to the actors.
- They argued that since the proceedings had been initiated by the Maharashtra FDA, PB Agro should have approached the Bombay High Court instead.
Bollywood stars Shah Rukh Khan, Ajay Devgn and Tiger Shroff have failed to receive immediate relief in a legal matter linked to a pan masala advertisement.
The Delhi High Court dismissed a petition challenging the proceedings related to the advertisement, ruling that the matter does not fall within its territorial jurisdiction. The petition was filed by PB Agro, a company associated with the advertisement.
PB Agro had challenged show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to the three actors. Justice Swarana Kanta Sharma dismissed the plea, observing that Maharashtra would be the appropriate forum for raising objections related to the notices.
The company argued that the Delhi High Court had jurisdiction because its office is located in the national capital. It also claimed that the advertising campaign was developed and coordinated in Delhi and that payments to the brand ambassadors were made from the city.
However, the court did not find these arguments sufficient. It pointed out that the notices issued by the Maharashtra FDA were addressed to the actors and not to PB Agro. The company had not been directed to submit a response, remove the advertisement, provide documents or appear before the authorities.
During the hearing, PB Agro also argued that any action against the advertisement could have an impact on the company, even though the notices had been issued only to the actors. The company further questioned the Maharashtra FDA’s authority to issue directions regarding the suspension of the advertisement.
The central government and the Central Consumer Protection Authority also opposed the hearing of the petition before the Delhi High Court. They argued that since the proceedings had been initiated by the Maharashtra FDA, PB Agro should have approached the Bombay High Court instead.
The case relates to advertisements featuring Shah Rukh Khan, Ajay Devgn and Tiger Shroff as brand ambassadors. The Maharashtra FDA had alleged that the advertisements were promoting Vimal pan masala.
Following the latest order, the Delhi High Court found PB Agro’s petition not maintainable on grounds of territorial jurisdiction. The ruling leaves the company with the option of pursuing the matter before the appropriate forum in Maharashtra.
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