SC summons Andhra, Delhi, J&K chief secretaries over misleading ads issue

The Supreme Court on Monday asked the chief secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir to appear virtually on March 7 to explain why they have not complied with the court’s orders to prevent misleading medicinal advertisements.

 

The court noted that as far as the states of Andhra Pradesh, Delhi, and Jammu & Kashmir are concerned, "there is hardly any implementation of the orders passed" by the court.

 

A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing a plea by the Indian Medical Association against Patanjali’s advertisements attacking allopathy and making claims about curing certain diseases. Patanjali, yoga guru Ramdev, and his associate Balkrishna have already tendered an apology in the case.

 

On Monday, the apex court also asked the chief secretaries of other states to explain why they have not filed their affidavits complying with its orders regarding the enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.

 

"We direct the states of Andhra Pradesh, Delhi, Goa, Gujarat, and Jammu & Kashmir to file further affidavits, including affidavits dealing with the enforcement of Rule 170. We grant time till the end of this month to these states to file responses... We direct the chief secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir to remain present through video conferencing on that day to explain why these states are non-compliant," the court said.

 

The court remarked that though it does not usually summon chief secretaries, it will do so in this case to send a "sufficient signal" for them to take the matter seriously.

 

The court had, on May 7, 2024, directed all state and union territory governments to file affidavits of their licensing authorities regarding action taken since 2018 concerning misleading advertisements that violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Drugs and Cosmetics Act, 1940, and the Consumer Protection Act, 2019.