The Allahabad High Court has been informed by the Union of India that the Central Consumer Protection Authority (CCPA) has issued notices to Bollywood actors Shah Rukh Khan, Akshay Kumar, and Ajay Devgn regarding their involvement in surrogate advertising for gutka products. This development comes in response to a contempt plea filed over the non-compliance with the High Court’s order from September 2022, which directed the central government authorities to address grievances related to certain Padma awardees participating in misleading gutka advertisements.
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The original Public Interest Litigation (PIL) filed by advocate Moti Lal Yadav sought action against the private respondents, including Pan Masala companies and Bollywood actors Amitabh Bachchan, Shahrukh Khan, Akshay Kumar, Ajay Devgn, for their alleged involvement in surrogate advertising. The PIL requested the imposition of penalties as per the provisions of Section 21 (2) of the Consumer Protection Act, 2019.
Despite Yadav’s approach to the Cabinet Secretary of the Government of India in October 2022, the CCPA had not decided on his representation, leading to the filing of the contempt petition. In August, the High Court issued notices to Cabinet Secretary Rajiv Gauba and Secretary, CCPA Nidhi Khare, seeking their responses.
During a recent hearing, Deputy Solicitor General of India SB Pandey informed the court that a special bench might be constituted by the Chief Justice of the Supreme Court to address similar issues. He requested the court to defer the proceedings in the present contempt petition, noting that the CCPA had sent notices to Padma recipients including Shah Rukh Khan, Ajay Devgn, and Akshay Kumar.
Pandey also mentioned that Amitabh Bachchan, another respondent in the contempt plea, had issued a legal notice to a Pan Masala brand for featuring him in advertisements despite the discontinuation of the contract. He assured the court that all appropriate actions have been taken and that further action will be in accordance with any order passed by the Apex Court.
The Court, considering the submissions and the petitioner-advocate’s stance that proper guidelines should be formulated, deferred the hearing of the contempt petition for five months, scheduling the next hearing for May 9, 2024. On this date, legal representatives of the Union of India and the petitioner-advocate will update the court on any proceedings before the Supreme Court and actions taken in compliance with its orders.
This case highlights the ongoing legal scrutiny over celebrity endorsements of products like gutka, which have raised significant public health concerns and ethical questions about surrogate advertising practices in India.
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