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Warning that all actors in an advertising chain are accountable, Maharashtra FDA Commissioner Tukaram Mundhe on Monday defended action against celebrities endorsing surrogate products, while stating that more than 8,000 public complaints were resolved in a month.

Food and Drug Administration recently issued a show-cause notice and a final warning to actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff for featuring in an advertisement for Vimal Elaichi, saying the campaign prima facie amounts to indirect or surrogate promotion of prohibited pan masala and tobacco-related products.

In an exclusive interview with PTI, he said the advertisement was being examined as a possible surrogate for a prohibited product, as the company had also been found selling gutkha in the past.

Mundhe emphasised that regulations apply to everyone involved in creating, publishing or sponsoring advertisements and claims, noting that "everybody across the chain is responsible".

Mundhe said the complaints.myfda.in portal has received a good response as complainants can track the status of their complaints, while the department can also monitor their progress. The system has features such as auto-accountability, auto-assignment and auto-escalation, he said.

"9,000 or more complaints have been received on the portal. It's almost one month now. More than 8,000 complaints are resolved, and almost 700-800 are under process," Mundhe added.

Referring to the action against advertisements featuring celebrities, he said the FDA's response was based on regulations concerning misleading claims, including surrogate advertisements.

Referring to pan masala and tobacco-related products, the FDA commissioner said a prohibitory order has been in place in Maharashtra against gutkha, pan masala and related tobacco items since 2012.

He said the advertisement for a Vimal product was being examined as a possible surrogate advertisement for a prohibited product, noting that the company had also been found selling gutkha earlier.

"The issue is about Food Safety and Standards Regulations implementation. One of the regulations is about advertisement and misleading claims," he said, adding that the regulation came into existence in 2018 and came into force from July 1, 2019.

He said any representation, whether physical, electronic, through social media or other media, which states, implies or suggests a claim that is not true is not allowed.

"Advertisers found violating the provisions would be issued notices and asked to explain why action should not be initiated against them," the FDA commissioner said.

Mundhe added that the regulations applied to everyone involved in creating, publishing or sponsoring advertisements and claims.

"Everybody across the chain is responsible. It applies to all," he said, urging those involved in advertising to read the FSSAI regulations on advertisements and claims.

On the sale of prohibited tobacco products through smuggling and black marketing, he said the FDA was lodging FIRs, tracing the origin of products and investigating links to companies and their directors.

"Nobody is going to be spared, whether rural or urban. Those who sell, those who possess, those who process, those who manufacture, it is applicable to all," he said, adding that the department was also trying to invoke provisions of the organised crime law.

Mundhe said the FDA was examining advertisements for products other than tobacco-related items and would act wherever misleading claims or other violations were found.

"Whatever the product somebody is endorsing, they have to look into the guidelines and regulations of FSSAI about advertising and claims. If wrongfulness is found, we will take action against those also," he said.

The FDA commissioner further said that several products were currently under examination and scrutiny.

On the use of artificial colours and additives, Mundhe said regulations would be strictly implemented if such substances were used beyond permissible limits in bakeries, cakes, Chinese food or other products.

"Additives regulations will be implemented strictly, and we are taking action against those, and some of the actions have already started. Furthermore, we will take," he said.

Asked whether the FDA's scrutiny would extend to other consumable products, Mundhe said the department's action was part of a plan and declined to disclose specific targets in advance.

"This is a part of a plan. I can't reveal it now and let the people know that I am taking action against a particular one at a particular time," he said.

He said citizens could approach him directly during the designated 4 pm to 5 pm period or lodge complaints through the portal.