Delhi HC dismisses Vimal Elaichi plea over Maharashtra FDA notices to SRK, Devgn
Synopsis
Key Takeaways
The Delhi High Court on 15 September 2026 dismissed a petition filed by PB Agro, the company behind Vimal Elaichi, which had sought to challenge show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to Bollywood actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff over an alleged surrogate advertisement for Vimal pan masala. The court ruled that it lacked territorial jurisdiction to hear the matter.
Court's Jurisdictional Ruling
Justice Swarana Kanta Sharma dismissed the petition, holding that the dispute did not fall within the Delhi High Court's territorial jurisdiction. The court observed that Maharashtra was the more appropriate forum for addressing grievances arising from notices issued by the state's food and drug authority.
The court further ruled that PB Agro had failed to establish that any substantial or material part of the cause of action had arisen in Delhi. This finding effectively shut the door on the company's attempt to contest the notices before a Delhi forum.
What PB Agro Had Argued
PB Agro contended that the Delhi High Court had jurisdiction because the company is headquartered in Delhi, the advertising campaign was allegedly conceptualised, prepared, and managed from the national capital, and payments to brand ambassadors were made from Delhi. The company also argued that it stood to suffer irreparable harm from any action concerning the advertisement, even though the show-cause notices were addressed to the actors — not to the company itself.
The court, however, rejected each of these grounds. It noted that the Maharashtra FDA had not issued the notices to PB Agro, had not asked the company to file a response, remove any advertisement, produce documents, or appear before the authority.
Centre and CCPA's Position
The Centre and the Central Consumer Protection Authority (CCPA) opposed the petition's maintainability before the Delhi High Court, arguing that PB Agro should have approached the Bombay High Court since the impugned action was taken by the Maharashtra FDA. The CCPA submitted that while it was independently examining the issue, it had no objection to the Maharashtra FDA having issued the notices.
Background: Surrogate Advertising Dispute
The dispute centres on show-cause notices issued by the Maharashtra FDA to Shah Rukh Khan, Ajay Devgn, and Tiger Shroff in connection with alleged surrogate promotion of Vimal pan masala. The three actors had featured in advertisements for Vimal Elaichi, a product marketed by PB Agro. Surrogate advertising — the practice of promoting a banned or restricted product under the guise of an associated permissible brand — is prohibited under Indian consumer protection and food safety regulations.
The Delhi High Court had reserved its verdict on the jurisdictional question after hearing arguments on Monday, before delivering its dismissal order. With the Delhi HC route now closed, the company's legal options are effectively redirected to Maharashtra, where the original regulatory action originated.