The Supreme Court on Wednesday directed all states and union territories to establish proper grievance redressal mechanisms for the public to report misleading advertisements, especially those prohibited under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The Court observed that such advertisements “can cause great harm to society” and emphasized the urgent need for regulatory oversight.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan ordered the creation of these mechanisms within two months and instructed the states to ensure they are widely publicized. “We direct the state governments to create proper grievance redressal mechanisms within a period of two months from today and give adequate publicity to the availability at frequent intervals,” the bench said.
The Court also called on state governments to sensitise their police machinery regarding the enforcement of the 1954 Act, which prohibits advertisements for magical remedies and unverified claims, particularly in relation to drugs and health treatments.
This direction is part of the Court’s broader crackdown on misleading advertisements. In a significant move on May 7, 2024, the Court had ordered that a self-declaration be obtained from advertisers before any advertisement is published, in line with the Cable Television Networks Rules, 1994.
The issue was taken up by the apex court while hearing a petition filed in 2022 by the Indian Medical Association (IMA). The IMA alleged that Patanjali Ayurved and its co-founder, yoga guru Ramdev, were running a smear campaign against the Covid-19 vaccination drive and modern medicine, spreading misinformation that could endanger public health.
