New Delhi, February 2025: The Supreme Court on Monday emphasized the necessity of establishing a mechanism for citizens to file complaints against misleading advertisements.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan highlighted the importance of the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954, stating, “This Act is most vital.” The court stressed the need for compliance with its provisions and announced that it would revisit the issue on March 7.
Call for Stronger Enforcement
The bench also addressed the compliance status of Rule 170 of the Drugs and Cosmetics Rules, 1945 in states like Jharkhand, Karnataka, Kerala, Punjab, Madhya Pradesh, and Puducherry. The Supreme Court had earlier, on August 27, 2024, put a stay on a Ministry of Ayush notification that omitted Rule 170, which prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs.
During Monday’s hearing, the bench criticized the Karnataka Government for its inaction on 25 cases of alleged misleading advertisements, citing a lack of material evidence. The court rebuked this stance, stating, “These are only excuses. The state has its own police machinery and cyber cell. Finding the sources of these advertisements is easy if there is a will to do so.” Karnataka has now been directed to submit a compliance report within a month.
Mixed Responses from States
Senior advocate Shadan Farasat, appearing as amicus curiae, noted that Kerala had properly implemented Rule 170. However, several states, including Delhi, Andhra Pradesh, and Jammu & Kashmir, failed to take adequate action. On February 10, the Supreme Court summoned the chief secretaries of these states via video conferencing to explain their non-compliance.
Crackdown on Misleading Advertisements
In a significant move on May 7, 2024, the Apex Court directed that before any advertisement is issued, a self-declaration from advertisers—similar to the Cable Television Networks Rules, 1994—must be obtained. The court’s strong stance stems from a plea filed by the Indian Medical Association (IMA) in 2022, which alleged a misinformation campaign by Patanjali and yoga guru Ramdev against Covid vaccinations and modern medicine.
The Supreme Court’s directives mark a decisive step towards curbing the spread of misleading medical advertisements and ensuring stricter enforcement of advertising regulations.
