The Supreme Court of India, on Monday, highlighted the necessity of establishing a system that allows citizens to report misleading advertisements, emphasizing adherence to the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954. The bench, consisting of Justices Abhay S Oka and Ujjal Bhuyan, pointed out the critical nature of the act and the importance of compliance with its provisions.
During the proceedings, the court discussed the requirement for a dedicated mechanism that would enable citizens to lodge complaints about deceptive advertisements effectively. This discussion is set to continue on March 7, where the bench will further consider the issue.
The Supreme Court also addressed the compliance issues related to Rule 170 of the Drugs and Cosmetics Rules, 1945, focusing on states like Jharkhand, Karnataka, Kerala, Punjab, Madhya Pradesh, and the union territory of Puducherry. Previously, on August 27 last year, the court had stayed a notification by the Ministry of Ayush that omitted this crucial rule, which prohibits misleading advertisements concerning Ayurvedic, Siddha, and Unani drugs.
Notably, during Monday’s hearing, the court was informed about the lack of prosecution in Karnataka for 25 cases of alleged misleading advertisements due to the absence of sufficient details. The bench criticized the excuses presented by the state, urging the Karnataka government to proactively identify the sources of these advertisements and ensure compliance. It directed the state to submit a compliance report within a month.
Senior advocate Shadan Farasat, serving as amicus curiae, mentioned that Kerala had shown proper implementation of the rule, contrasting sharply with the situation in Karnataka.
This development follows a series of stern actions by the apex court against misleading advertisements. On February 10, the court had reprimanded several states, including Delhi, Andhra Pradesh, and Jammu and Kashmir, for their failure to curb illegal advertisements of traditional medicines. The chief secretaries of these states were summoned to explain their non-compliance via video-conferencing.
In a significant move on May 7, 2024, the Supreme Court mandated that advertisers must submit a self-declaration before issuing advertisements, aligning with the Cable Television Networks Rules, 1994. This requirement was part of the court’s efforts to clamp down on misleading promotions.
