New Delhi: The Supreme Court has summoned the Chief Secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir to appear virtually on March 7, seeking an explanation for their failure to act against misleading medical advertisements.
Hearing a contempt plea filed by the Indian Medical Association (IMA), a bench of Justices Abhay S Oka and Ujjal Bhuyan expressed dissatisfaction over the states’ non-compliance with previous court orders, particularly regarding the enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.
States Ordered to File Affidavits
The bench directed the states to file detailed affidavits by the end of this month, outlining the steps taken to curb misleading ads. If compliance remains lacking, the court warned of possible contempt proceedings under the Contempt of Courts Act, 1971.
“Summoning Chief Secretaries is often the most effective way to ensure compliance,” the court remarked, hinting at stronger measures if states fail to act.
Rule 170 and Government Actions
Rule 170 prohibits the advertisement of Ayurvedic, Siddha, and Unani medicines without prior approval from licensing authorities. However, in July 2024, the Central Government omitted Rule 170, prompting the court to stay the notification, ensuring the rule remains in force.
Senior Advocate Shadan Farasat, serving as Amicus Curiae, argued that enforcing Rule 170 across all states would effectively control misleading medical ads. The court agreed, emphasizing that strict implementation would resolve a major part of the issue.
Background & Patanjali Contempt Case
The case stems from IMA’s petition against Patanjali Ayurved Ltd. for misleading advertisements. The Supreme Court had previously initiated contempt proceedings against Patanjali, Acharya Balkrishna, and Baba Ramdev, which were later closed after public apologies.
Additionally, the court had mandated:
- Advertisers and endorsers must comply with Consumer Protection Authority (CCPA) guidelines.
- Pre-airing declarations for TV ads via the Broadcast Seva Portal.
- A public dashboard for tracking state-wise complaints on misleading ads.
With the March 7 hearing approaching, states are now under pressure to implement strict advertisement regulations or face legal consequences.
