The Supreme Court, through its guidelines, emphasizes consumer protection and transparency in advertising. Advertisers must adhere to these regulations to ensure ethical practices and safeguard consumers.
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NEW DELHI: Recently, The Supreme Court of India has upheld that the fundamental right to health encompasses the consumer’s right to receive information about the quality of products provided by manufacturers and advertised by them.
Justices Hima Kohli and Ahsanuddin Amanullah, comprising the bench, voiced serious concerns regarding the insufficient enforcement of measures to tackle deceptive advertising. As a result, the court directed advertisers and advertising agencies to provide a self-declaration form before broadcasting or exhibiting any advertisement. This form must confirm compliance with the Advertising Code as stipulated in the Cable Television Networks Rules.
“The implementation of the fundamental right to health, inclusive of the consumer’s entitlement to product quality information, is within the scope of Article 32 of the Constitution of India. Hence, it is fitting for this court to utilize its authority to guarantee the fulfillment of this right,”
-stated the Court.
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The Supreme Court’s decision came in response to the recent Patanjali’s misleading ads case. The court explicitly cautioned that social media influencers and celebrities would share the responsibility and liability if they endorse products or services in misleading advertisements.
The Advertising Code, which the court expects to be adhered to, includes the following provisions:
- Advertisers shall upload the self-declaration form on a dedicated portal, to be established by the Ministry of Information and Broadcasting.
- Advertisers must provide proof of uploading the self-declaration form to the concerned broadcasters, printers, publishers, TV channels, or electronic media.
- No advertisements shall be allowed to run on relevant channels, print media, or the internet without complying with the aforementioned requirement. The court has declared this directive as the law under Article 141 of the Constitution of India.
The Court emphasized that existing statutory provisions, rules, regulations, and guidelines serve the vital purpose of protecting consumers and ensuring their awareness of the products they intend to purchase, particularly in the food and health sectors.
“We urge the relevant ministries to establish and promote a system that encourages consumers to file complaints and ensures that these complaints are effectively addressed, rather than simply passing them on to the relevant state authorities, which often results in consumers being unaware of the outcome of their complaints.”
-stated the court in its order issued on May 7.
Furthermore, while expanding the scope of the case, the Court directed the Ministry of Health and Family Welfare to submit data on the complaints received by the Food Safety and Standards Authority of India (FSSAI). The court sought specific information regarding the actions taken in response to complaints related to the sale of food that does not meet the required standards, sub-standard food, misbranded food, misleading advertisements, and food containing foreign substances.
“We acknowledge that FSSAI has the authority to independently take action upon identifying any misleading advertisements, without the necessity of a filed complaint. We seek a report detailing the actions undertaken by FSSAI since 2018.”
-the court stated.
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By issuing these guidelines and directives, the Supreme Court reaffirms its commitment to safeguarding the rights of consumers and ensuring transparency in the advertising industry. Advertisers and advertising agencies are now obligated to comply with these regulations, and failure to do so may result in legal consequences. The court’s decision is a significant step towards promoting ethical advertising practices and protecting consumers from misleading advertisements.
CASE TITLE:
Indian Medical Association & Anr vs Union of India & Ors.