Surrogate advertising: Show-cause notice to brand endorser challenged before Bombay High Court

The Maharashtra Food and Drug Administration (FDA) had issued show-cause notices to three celebrity endorsers over advertisements for a mouth freshener, alleging that the campaign indirectly promoted a prohibited tobacco product. One of the endorsers has now reportedly approached the Bombay High Court, challenging the notice on grounds of arbitrariness, predetermination and violation of principles of natural justice and Article 14 of the Constitution. The petition also questions the legal provisions invoked and the regulator’s decision to proceed against the endorser rather than the manufacturer.