The Madras High Court has dismissed a public interest litigation (PIL) seeking action against advertisements for Vimal Elaichi, ruling that allegations of surrogate advertising must be supported by concrete evidence rather than suspicion. The court said it could not declare an advertisement a disguised promotion for pan masala or gutkha without examining the product, its marketing, the content of the campaign and the advertiser’s intentions.
The case was filed against P.B. Agro LLP, which markets Vimal Elaichi, over allegations that its cardamom advertisements indirectly promote Vimal Pan Masala and gutkha. A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan dismissed the petition on November 11, 2026, observing that the petitioner had not established sufficient grounds for the court to order an investigation.
Why Did the Madras High Court Dismiss the PIL?
The PIL was filed by D. Rakesh, a resident of Madurai, who alleged that advertisements for Vimal Elaichi were being used to promote Vimal Pan Masala indirectly.
The petitioner sought directions to government authorities to investigate the advertising campaign, take appropriate action against the company and ensure that the alleged surrogate advertisements were discontinued.
However, the court found that the petitioner’s claims were largely based on suspicion and media reports rather than independently verified evidence.
The Bench observed that a writ court cannot order an investigation simply because something might emerge during the inquiry. It emphasised that allegations of surrogate advertising require factual examination before any regulatory action can be directed.
The judges also noted that the petitioner had acknowledged that Elaichi was a recognised food product registered with the Food Safety and Standards Authority of India (FSSAI). He had not established that the company was selling gutkha or a tobacco-containing product under the Vimal brand.
The court said the possibility that such a product might exist was not enough to establish that the advertisements were surrogate promotions.
Court Says Surrogate Advertising Must Be Established Through Evidence
A central issue in the judgment was how authorities should determine whether an advertisement for a permitted product is actually intended to promote a restricted or prohibited product.
The court said the assessment requires examination of several factors, including:
- Whether the advertised product is genuinely manufactured and sold.
- How the product is packaged and marketed.
- The language, visuals and presentation used in the advertisement.
- Whether the campaign creates an association with another restricted product.
- The advertiser’s intention behind the promotional activity.
The Bench emphasised that the existence of a shared brand name alone does not automatically establish surrogate advertising.
Authorities must examine the available evidence and give the advertiser an opportunity to respond before reaching a conclusion.
The court also noted that existing legislation already gives regulatory authorities the power to investigate misleading advertisements and take appropriate action where violations are established.
It therefore declined to declare the Vimal Elaichi campaign surrogate advertising based solely on the petitioner’s affidavit.
Petitioner Had Not Approached Authorities Before Filing the Case
The court also questioned the procedure followed by the petitioner.
Although Rakesh alleged that Tamil Nadu authorities had failed to act against the advertising campaign, he admitted that he had not first submitted a formal representation to the relevant authorities.
The Bench observed that the petitioner could have approached the Commissioner of Food Safety or the Central Consumer Protection Authority (CCPA) with his complaint.
It explained that a writ of mandamus requires an identifiable legal duty on the part of a public authority and a failure to perform that duty.
Without first bringing the alleged violation to the attention of the competent authorities, the petitioner had not established that they had failed to discharge a specific legal obligation.
This procedural issue contributed to the court’s conclusion that the PIL was premature.
Maharashtra FDA Notices Were Not Final Findings
The petitioner had also relied on media reports about show-cause notices issued by the Maharashtra Food and Drug Administration (FDA) to three actors associated with Vimal Elaichi advertisements in August 2026.
The notices were issued to Shah Rukh Khan, Ajay Devgn and Tiger Shroff, asking them to explain their participation in the advertising campaign amid allegations that it indirectly promoted Vimal Pan Masala.
The Maharashtra FDA had raised concerns about the association between the Vimal brand and pan masala, a product containing tobacco or nicotine that is prohibited in the state under its applicable food-safety order.
However, the Madras High Court pointed out that these notices reflected a preliminary regulatory position and were not final findings that the advertisements violated the law.
The court also noted that one of the actors had challenged the notice before the Bombay High Court, where the matter remained pending at the time of the Madras proceedings.
Importantly, the Maharashtra notices were connected to a prohibition order specific to that state. The Bench said they could not, by themselves, justify directing Tamil Nadu authorities to initiate proceedings against the company.
Which Laws Govern Surrogate Advertising in India?
Surrogate advertising refers to the promotion of a restricted or prohibited product through another product that uses a similar brand identity, name or presentation.
For example, a company may advertise a permitted product such as cardamom, soda or another consumer good while using branding that consumers associate with a restricted product.
Indian law addresses misleading advertisements and endorsements through several regulatory frameworks.
Consumer Protection Act, 2019: The Act empowers the Central Consumer Protection Authority to act against false or misleading advertisements. Section 21 provides powers to direct advertisers and endorsers to discontinue or modify misleading advertisements and impose penalties in specified circumstances.
CCPA Guidelines, 2022: The Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements address surrogate advertising and other forms of misleading promotion.
Food Safety and Standards Act, 2006: The legislation regulates food advertising and prohibits misleading claims. Its provisions include restrictions on misleading food advertisements and penalties for violations.
Food Safety and Standards (Advertising and Claims) Regulations, 2018: These regulations establish requirements for claims and representations made in food advertisements.
The Madras High Court did not remove these regulatory powers. Instead, it highlighted that the competent authorities must use the available legal framework and assess the evidence before deciding whether an advertisement violates the rules.
Vimal Elaichi Advertising Controversy Continues
The dismissal of the Madras PIL does not mean that every regulatory question surrounding Vimal Elaichi advertisements has been settled.
The Maharashtra FDA’s action against the three actors was a separate matter. In September 2026, the Delhi High Court dismissed a petition filed by P.B. Agro LLP challenging the Maharashtra notices, holding that courts in Maharashtra were the more appropriate forum to examine the dispute. That dismissal was based on territorial jurisdiction and did not decide the merits of the underlying allegations.
The controversy has therefore involved different proceedings, with separate legal questions and authorities.
The Madras case focused on whether a petitioner had provided sufficient evidence and followed the appropriate procedure to seek judicial intervention against the advertising campaign.
The distinction is important: dismissal of this PIL does not amount to a judicial finding that the advertisements are lawful in every respect, nor does it establish that they are surrogate advertising.
The Bigger Picture
The judgment highlights the evidentiary challenges involved in regulating surrogate advertising in India. Companies may advertise legally permitted products that share branding with restricted goods, creating questions about whether the campaign is genuinely promoting the advertised product or indirectly building awareness for another product. The court’s approach places importance on actual product availability, packaging, marketing practices, advertising content and commercial intent rather than relying on assumptions based only on brand associations.
For advertisers, the ruling reinforces that allegations must be examined through the appropriate regulatory process. For regulators, it underscores the need to gather documentary and market evidence before taking action. The decision does not create immunity for surrogate advertising; instead, it clarifies that enforcement must be based on substantiated facts and the powers provided under existing laws.
Looking Ahead
The Madras High Court’s dismissal closes this particular PIL, but it does not necessarily end the wider regulatory scrutiny surrounding Vimal Elaichi advertisements. The Maharashtra FDA proceedings and other regulatory processes remain separate matters, and their outcomes will depend on the evidence and legal arguments presented before the relevant authorities and courts.
The broader issue is likely to remain important for India’s advertising industry, particularly for brands operating across categories that include both permitted and restricted products. Companies will need to demonstrate that their advertised products are genuine and independently marketed, while regulators will have to establish whether campaigns are misleading or designed to promote prohibited goods indirectly.
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