The Supreme Court on Wednesday issued a stern warning to states and union territories about potential contempt proceedings if they fail to effectively combat misleading advertisements. This admonition came during a session presided over by Justices Abhay S Oka and Ujjal Bhuyan, following observations that several states were not adhering to regulatory expectations as per a note from senior advocate Shadan Farasat, serving as amicus curiae.
The matter originated from a 2022 plea by the Indian Medical Association, which accused Patanjali Ayurved Ltd of conducting a smear campaign against the Covid vaccination initiative and modern medical practices. This plea brought to light concerns regarding the prevalence of misleading advertisements that violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Drugs and Cosmetics Act, 1940, and the Consumer Protection Act, 1986.
During the hearing, the amicus revealed that based on affidavits from the states and union territories, there was virtually no prosecution happening under the 1954 Act. This Act prohibits advertisements of certain drugs claiming treatment for specific diseases and disorders and bars misleading drug advertisements.
The bench expressed frustration over the lack of action taken based on the complaints received, pointing out that some states reported difficulties in identifying violators. “We will take contempt action now,” declared the bench, indicating a more stringent approach towards ensuring compliance.
The Supreme Court scheduled detailed examinations of compliance efforts by various states, with specific dates set for reviewing actions by Andhra Pradesh, Delhi, Goa, Gujarat, and Jammu and Kashmir on February 10. States including Jharkhand, Karnataka, Kerala, Madhya Pradesh, and Punjab will have their compliance reviewed on February 24, while other regions will be considered on March 17.
In a move to enhance transparency and consumer protection last year, the court suggested that the Ministry of Ayush establish a dashboard to provide updates on filed complaints against misleading advertisements and their resolution status.
