Supreme Court's Call for Mechanism Against Misleading Medical Advertisements
The Supreme Court of India has highlighted the need for establishing a mechanism under the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMR Act) to allow citizens to file complaints against misleading medical advertisements.
Key Directives and Observations
- A bench comprising Justices Abhay S Oka and Ujjal Bhuyan requested senior advocate and amicus curiae, Shadan Farasat, to submit a note on the implementation of the DMR Act.
- Justice Oka emphasized the need for setting up machinery under the Act, calling it an Act of "most vital importance."
- The machinery would facilitate grievance redressal and ensure prosecution of entities involved in misleading advertisements.
Action Against State Chief Secretaries
- Chief secretaries from Andhra Pradesh, Delhi, and Jammu & Kashmir have been asked to virtually appear on March 7 to explain non-compliance with court directions against misleading advertisements.
- The court is examining a plea by the Indian Medical Association concerning Patanjali’s advertisements that target allopathy and make unfounded claims about disease cures.
- Patanjali, along with Yoga guru Ramdev and associate Balkrishna, have already issued an apology regarding these advertisements.
Previous Court Orders and Compliance
- Earlier, the Supreme Court on February 10 urged chief secretaries from various states to justify their non-compliance with orders on enforcing Rule 170 of the Drugs and Cosmetics Rules, 1945.
- The apex court, on May 7, 2024, required all state and union territory governments to submit affidavits from their licensing authorities about actions taken since 2018 regarding violations of the DMR Act, Drugs and Cosmetics Act, 1940, and Consumer Protection Act, 2019.
Under Scanner
- The Supreme Court is seeking a mechanism for complaints against misleading medical ads.
- The plea in focus is against Patanjali’s anti-allopathy advertisements.
- Apologies have been tendered by Patanjali, Ramdev, and Balkrishna.
