MUMBAI: Actor Ajay Devgn has claimed that 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 over his appearance in an elaichi (cardamom) commercial.The SCN was issued on August 11 by FDA also to two other actors who also endorsed the flavoured mouth freshener.The FDA commissioner Tukaram Mundhe had said the actors sent in their replies. Devgn’s petition said his reply was sent on August 21 and said he participated in an advertisement of a brand of Elaichi and “did not endorse Vimal Pan Masala.”On Sept 21, the 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 SCN, which questioned his endorsement allegedly in violation of the Food Safety and Standards Act.The 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 SCN is not what it seems like as he was not given the material based on which the notice was issued.His petition which will be heard on November 4 before chief justice Mahesh Chandra Tripathi and justice Advait Sethna said that the grounds ought to have been disclosed to him by the 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 indicates the 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 Food Safety Standards (advertising and claims) Regulations, 2018, a notice ought to have been mandatorily issued to the brand owner and sought its explanation, and failure to do so shown “non application of mind’’ vitiating the SCN.
