Misleading medical ads: SC summons CS’ of Andhra Pradesh, other states

New Delhi: The Supreme Court has summoned the Chief Secretaries of Andhra Pradesh, Delhi, and Jammu and Kashmir for an explanation for their failure to act against misleading medical advertisements.

The chief secretaries were asked to appear on March 7 virtually and explain why they had failed to go with the directions passed by the Court earlier to act against misleading medical advertisements.

On Monday, hearing a writ petition filed by the Indian Medical Association, the Court also asked them to explain why they have not filed their affidavits in terms of the Court's earlier orders regarding enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan said there was hardly any implementation of its orders.

“Our long experience sitting this side is that this is the best way of ensuring compliance of orders. The moment we get chief secretaries, compliance is very smooth. It is a sufficient signal for them that it is to be taken seriously,” Justice Oka said.

The case started from a petition filed by the Indian Medical Association (IMA) seeking regulation of medical advertisements by Patanjali Ayurved Ltd. The case evolved to include contempt proceedings against Patanjali Ayurved, its MD Acharya Balkrishna, and co-founder Baba Ramdev for violating a court undertaking against publishing misleading advertisements. Indian Medical Association alleged a smear campaign by Patanjali and yoga guru Ramdev against the COVID vaccination drive and modern systems of medicine.

On May 7, 2024, the Court directed all State/UT governments to file affidavits of their Licensing authorities regarding actions taken by them since 2018 in respect of misleading ads that violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Drugs and Cosmetics Act, 1940 and Consumer Protection Act, 2019.

Further, the Court directed all States / Union Territories to explain their inaction, and a warning was issued that the Court would initiate contempt proceedings against those who failed to take action against misleading advertisements and medical claims.

"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.