Misleading Medical Ads: SC Sets 2-month Deadline for States To Set Up Grievance-redressal Mechanism

Ritwik Choudhury (Bar and Bench) 26 March 2025

Life

The Supreme Court on Wednesday called for the stricter enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and set a two-month deadline for States to set up mechanisms to receive complaints against misleading advertisements of medicines and cures (Indian Medical Association v. Union of India).

The Bench of Justices Abhay S Oka and Ujjal Bhuyan noted that although the Act against misleading advertisements of medicinal or other such products is now 74 years old, it is yet to be properly implemented.

The Court, therefore, issued a slew of directions to ensure that this law is properly used to tackle misleading consumer advertisements including directions to State to set up a mechanism within two months to deal with complaints against misleading ads.

“Though the act is more than 74 years old, there is no implementation in letter and spirit. It is necessary for State governments to create machinery for the implementation of the Act ... State has to come up with a grievance redressal mechanism ... It may provide for taking complaints either on a toll-free number or by email. We direct the State governments to create a mechanism within 2 months from today,” the Court ordered.

The Court further directed that as soon as complaints regarding misleading ads are received, they must immediately be forwarded for necessary action, including the registration of a criminal case if necessary.

"As soon as complaints are received, the same shall be immediately forwarded to the concerned officers to take action under the said provision. If the officer finds that there is a contravention, he shall lodge a complaint with the jurisdictional police station so that FIR is registered and criminal law is set in motion," the Court said.

The Court has also called on legal services authorities to conduct awareness programmes to educate the masses about the 1954 Act and to warn the public about how their health could drastically suffer if they are influenced by misleading advertisements about health products.

The Bench has asked the Court's registry to forward its order to the National Legal Services Authority (NALSA) so that it may coordinate the conduct of sensitisation programmes.

During the hearing of the matter today, concerns were flagged about the failure to appoint sufficient gazetted officers who are tasked with implementing the provisions of the Act. The Court has ordered States to ensure that such officers are duly appointed within a month.

Moreover, the Court also noted that a centralised dashboard meant to receive complaints against misleading ads is still a work in progress.

"As the dashboard is not completely developed, we direct the Union of India to ensure that the dashboard is developed in such a manner that the States can record all the information. We grant time of three months to Union of India to do so. We direct all the States and Union of India to report compliance by end of June, 2025," the Court ordered.

The Court was dealing with a case filed by the Indian Medical Association (IMA) against Patanjali Ayurved over misleading ads published by Patanjali which disparaged modern medicine.

The Court's focus in this case was initially on Patanjali's misleading ads (which the Court later imposed a temporary ban on), the failure of regulatory authorities to act against Patanjali, and the corrective steps to be taken by Patanjali and its promoters (Baba Ramdev and Acharya Balkrishna). The Court earlier also initiated contempt proceedings against Patanjali's promoters but eventually closed the contempt case against them after they tendered several apologies.

Meanwhile, the Court's attention was also drawn to several larger issues, including misleading advertisements by other consumer goods suppliers as well as unethical practices in modern medicine.

The case has been pending before the Court on these larger aspects. Senior Advocate Shadan Farasat is the amicus curiae who is assisting the Court in these matters.

Courtesy: Bar & Bench

Comments

User

vaibhavdhoka

8 months ago

Patanjali was targeted by multinational companies who lost big chunk in Ramdev's morning shows.Therefore this cartelisation by multinationals agaist this.