Court stays action against company for hiring Ajay Devgn to drag youngsters into tobacco habit

New Delhi, Dec 20: The notice given by the Directorate General of Health Services (DGHS) to a company has been stayed by a Delhi court for an indirect advertisement of tobacco products featuring Bollywood actor Ajay Devgn which is in violation of the law and hiring a famous person to drag youngsters into tobacco habits.

The court has stayed the notice which was given to 'Vimal Elaichi' for allegedly advertising tobacco products through an advertisement in the newspaper. in violation of the law and hiring a famous Bollywood actor to drag youngsters into tobacco habits.

According to the DGHS, the ad was in violation of the Cigarette and Other Tobacco Products (COTPA) Act. Through the newspaper ad, the company indulged in a surrogate advertisement of "Vimal Gutka", it alleged, adding that the brand name "Vimal" is registered for chewing tobacco, zarda, gutka (pan masala containing tobacco), and kheni, PTI report claims.

"The plaintiff has hired a Bollywood film star Ajay Devgn just to attract more and more youngsters and dragging them into tobacco habits. By appearing in the said advertisement campaign Ajay Devgn has also violated the law," the health department said, as per the court order.

The DGHS, through an email dated March 3, 2018, also served a notice upon Devgn. The company, however, said that mere use of the brand name "VIMAL" cannot be categorized as a surrogate advertisement and that their product is 100 per cent tobacco-free and as such "is not hit by the provisions of COTPA Act".

The company further argued that the advertisement of Elaichi [cardamom] product by the endorsement of some celebrity is not banned and also not in violation of the COTPA Act. It further said that the major ingredient of the product is saffron. Allowing it to carry out its ad campaign, Additional District Judge Rajinder Singh said that even though the COTPA Act prohibits display of the tobacco ads and sale of tobacco products, there is no specific prohibition regarding surrogate advertisement.

"It can be summarised that the product is not alleged to be containing any tobacco or other banned substance. The product in question is having a high sale figure and prima facie, it is an independent streamlined product," the judge said. He added, "The sale of gutka is banned throughout the country. There is no reason or occasion for the plaintiff to advertise its tobacco products through indirect advertisement. Accordingly, the plaintiff has a prima facie case."

The judge stated that staying the commercial for the product is stopped during the pendency of the suit, it will cause a loss of revenue as well as goodwill which will be irreparable. "The impugned notice dated March 1, 2018, under Section 5 of the COTPA Act is stayed till the final disposal of the suit," he ordered, further directing the company to continue carrying out its advertisement campaign. PTI