Today, On 26th March, The Supreme Court has ordered all states and union territories to create a system to handle complaints about misleading advertisements. The court stressed that such ads “can cause great harm to society” and must be strictly regulated. A bench of Justices Abhay S. Oka and Ujjal Bhuyan said the public should have a way to report ads violating the Drugs and Magic Remedies Act, 1954.
New Delhi: The Supreme Court instructed states and union territories to establish a grievance redressal mechanism to address misleading advertisements that “can cause great harm to society.”
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan emphasized that state governments should create systems for the public to report objectionable advertisements that violate the Drugs and Magic Remedies Act of 1954.
The bench stated,
“We direct the state governments to implement proper grievance redressal mechanisms within two months from today and to publicize their availability at regular intervals,”
Additionally, the Court mandated that states educate their police forces on enforcing the provisions of the 1954 Act.
In a crackdown on misleading advertisements, the apex court had previously ruled on May 7, 2024, that advertisers must provide a self-declaration before any advertisement can be issued, following guidelines similar to the Cable Television Networks Rules of 1994.
The issue of misleading advertisements was raised during the Court’s consideration of a plea filed in 2022 by the Indian Medical Association, which alleged a smear campaign by Patanjali and yoga guru Ramdev against the Covid vaccination initiative and modern medical practices.
The issue of misleading advertisements emerged during the Supreme Court’s hearing of a plea filed by the Indian Medical Association (IMA) in 2022. The IMA accused Patanjali Ayurved and its co-founder, yoga guru Ramdev, of running a smear campaign against modern medicine and Covid-19 vaccination.
The IMA alleged that Ramdev made public statements discrediting allopathy, calling it a “stupid and bankrupt science,” and discouraging people from taking Covid-19 vaccines. These remarks triggered nationwide outrage, especially among medical professionals, who argued that such misinformation endangered public health and trust in scientific medicine.
Also Read: Supreme Court Issues Warning to Patanjali Over Misleading Ads on Allopathic Medicines
The plea also pointed out that Patanjali had advertised alternative medicines as cures for Covid-19 without scientific validation. One such instance was the promotion of “Coronil”, a Patanjali product claimed to treat Covid-19. The IMA and other medical experts criticized these claims, stating they misled the public and violated drug advertisement regulations.
During the Supreme Court hearings, the bench questioned why misleading medical advertisements were allowed to continue and emphasized the need for strict regulation. The case has since raised broader concerns about false health claims, misleading ads, and the impact of misinformation on public health policies.
Case Title: INDIAN MEDICAL ASSOCIATION AND ANR. Versus UNION OF INDIA AND ORS.W.P.(C) No. 645/2022