The Supreme Court directed states and Union Territories to enforce laws against misleading advertisements, threatening contempt proceedings for non-compliance. Highlighting gaps in enforcement, it set deadlines for compliance submissions in 2024 and 2025. The Court dismissed contempt proceedings against the IMA president after an apology. Compliance deadlines were established for specific states.
New Delhi: The Supreme Court issued firm directions to states and Union Territories today, urging them to comply with laws addressing misleading claims and advertisements. The Court warned of contempt proceedings under the Contempt of Courts Act, 1971 for any non-compliance.
The Bench, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, was hearing a Writ Petition filed by the Indian Medical Association (IMA) under Article 32. The petition had earlier resulted in a February 27, 2024, order restraining Patanjali from advertising certain products aimed at treating ailments or conditions mentioned under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and its Rules.
Amicus Curiae Shadan Farasat highlighted a major gap in enforcement, noting the absence of prosecutions under Sections 3 and 4 of the Act.
“No prosecutions are happening, and many states cite difficulties in identifying offenders,”
the Senior Counsel submitted.
The Bench expressed dissatisfaction with explanations provided by states, including Delhi and Karnataka, which cited challenges in identifying offenders. Justice Oka questioned,
“Why not take action based on complaints received?”
To address these issues, the Court established specific deadlines for reviewing compliance in batches:
- February 10, 2024: Uttar Pradesh, Delhi, Gujarat, and Jammu & Kashmir must submit compliance. Affidavits are to be filed by February 3, 2024, with copies to the amicus curiae for compilation.
- February 24, 2025: Jharkhand, Karnataka, Kerala, Madhya Pradesh, and Punjab must file compliance by February 17, 2025.
- March 17, 2025: Remaining states and Union Territories are to submit affidavits by March 3, 2025.
The Court made its stance clear:
“For every instance of non-compliance, we may initiate contempt proceedings against the concerned states or union territories.”
The Court also discharged contempt proceedings against the IMA president over alleged remarks.
“In view of the apology tendered and the affidavit filed by the president, no further action is contemplated,”
it stated.
Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]
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