Mumbai: Actor Ajay Devgn has claimed that the Food and Drug Administration (FDA) in Maharashtra acted with a “premeditated and predetermined mind’’ and with a “prejudged and punitive outlook’’ in issuing him a show-cause notice (SCN) over his appearance in an elaichi (cardamom) commercial. The FDA notices were also issued on Aug 11 by FDA to two other actors who, too, endorsed the flavoured mouth freshener.FDA commissioner Tukaram Mundhe said the actors had sent in their replies. Devgn’s petition said he sent his reply on Aug 21 and said he participated in an advertisement for a brand of elaichi and “did not endorse Vimal Pan Masala.”FDA’s notice said the ad promotes the brand which is “mainly associated with Pan Masala” and sought the actors’ immediate discontinuation of endorsement of the Pan Masala brand and to remove the advertisement from their official social media handles and websites.The ‘Drishyam’ star said the show-cause notice is not what it seems, as he was not given the material on which the notice was issued. His petition, which will be heard on Nov 4 before Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna, said that the grounds ought to have been disclosed to him by FDA to enable an effective response.The “SCN, having been issued without making available the very advertisement on which it is founded, thus fails to afford the Petitioner (Devgn) a meaningful opportunity to show cause and is therefore squarely in the teeth of the principles of natural justice,’’ the petition filed through advocates Parag Khandhar and Chandrima Mitra of DSK Legal contended.The immediate ceasing action and ‘final warning’ issued indicate FDA has formed a view against the actor, his petition contended, without giving him a “genuine opportunity’’ to respond. Besides, under the relevant law called the Food Safety Standards (Advertising and Claims) Regulations, 2018, a notice ought to have been mandatorily issued to the brand owner and its explanation sought, and failure to do so showed “non application of mind’’ vitiating the SCN.On Sept 21, FDA issued him a notice to appear on Sept 28, but he sought and was granted an adjournment, after which he filed the petition to challenge the show-cause notice, which questions his endorsement allegedly in violation of the Food Safety and Standards Act.
