Supreme Court calls for mechanism under law for misleading ads complaints

A bench of Justices Abhay S Oka and Ujjal Bhuyan asked senior advocate and amicus curiae Shadan Farasat to submit a note on the implementation of the Act before the next hearing

The Supreme Court on Monday called for a mechanism under the Drugs and Magic Remedies Act (DMR Act) to enable citizens file complaints against misleading medical advertisements.

 

A bench of Justices Abhay S Oka and Ujjal Bhuyan asked senior advocate and amicus curiae Shadan Farasat to place before them a note on the implementation of the Act by the next date.

 

“Under that Act (Drugs and Magic Remedies [Objectionable Advertisements] Act), machinery has to be established first. This is one of the Act of most vital importance. Place your note on record... we will pass comprehensive directions specifically...we will direct that entire machinery must be set up... prosecution must be [made]... some grievance redressal mechanism has to be there,” Justice Oka said.

 

 

The court also asked chief secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir to virtually appear on March 7 and explain why they had not complied with directions to act against misleading medical advertisements.

 

The apex court was hearing a plea moved 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.

 

Earlier on February 10, the apex court asked chief secretaries of other states to explain why they had not filed their affidavits complying with its orders regarding enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.

 

The court had then also remarked that though they do not summon chief secretaries to court, they would do so in this case so that it is “sufficient signal for them” to take this case seriously.

 

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

UNDER SCANNER

 

*  SC sought a mechanism to enable citizens to file complaints against misleading medical advertisements

 

*  The apex court was hearing a plea against Patanjali’s advertisements attacking allopathy 

 

*  Patanjali, Yoga guru Ramdev, and his associate Balkrishna have already tendered an apology in the case