Justice Abhay S. Oka, Justice Ujjal Bhuyan, Supreme Court
Misleading Advertisements Case: Supreme Court To Issue Exhaustive Directions For Implementation Of Drugs And Magic Remedies Act
|The Court was hearing a writ petition filed by the Indian Medical Association (IMA) seeking action against misleading advertisements promoting allopathic medicines.
The Supreme Court today deferred the hearing of the Indian Medical Association’s (IMA) plea concerning misleading claims and advertisements by Patanjali Ayurveda, stating that an "exhaustive order" is required for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act).
The Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan noted that compliance of the Act remains inadequate despite the submissions made by states.
During the hearing, Senior Advocate Shadan Farasat, the Amicus in the case, submitted that while there has been substantial improvement, full compliance has yet to be achieved.
"The Chief Secretaries are present, and they have filed additional affidavits. They are not fully compliant, but there is a substantial improvement...One other thing that is coming through clearly in the affidavits is that Rule 170 is now finally being implemented by the states. They have mechanisms, and they are implementing," the Amicus submitted.
The Chief Secretaries of Andhra Pradesh, Delhi and Jammu and Kashmir also appeared through video conferencing.
The Court also took note of affidavits filed by Chief Secretaries of various states, observing that Rule 170, which governs the regulation of misleading advertisements, is now being implemented.
Given the need for extensive directions on compliance, the Court scheduled the next hearing on March 25 at 2pm. The Bench also dispensed with the appearance of the Chief Secretaries of Andhra Pradesh, Delhi and Jammu and Kashmir.
Last Hearing
Previously
In August 2024, the Bench led by Justice Hima Kohli had raised concerns over the minuscule font size of an apology published by Dr. R. V. Asokan, President of the Indian Medical Association (IMA), in connection with a contempt notice issued against him. The notice was related to the remarks he made in a press interview about the Apex Court while the IMA's plea against Patanjali Ayurved was still pending.
Earlier, on August 6, the Court had deferred an order in show cause contempt notice issued to the IMA President.
It is to be noted that on August 13, the Supreme Court had discharged the Contempt Notices issued to Baba Ramdev and Patanjali Ayurved Managing Director (MD) Acharya Balakrishna in the Patanjali misleading advertisements case. While closing the contempt proceedings against the duo, the Court had said that it is accepting the unconditional apology tendered by them. The Court had also warned them not to violate Court's orders in future. The Court had underscored that an undertaking, whether made explicitly in writing or orally and recorded in the court order, holds the same force as a judicial order.
On July 9, the Court had said that its earlier order containing directions for self-declaration to be submitted by the advertisement industry should not adversely suffer on account of its directions. The Court had also appointed Advocate Shadan Farasat as an amicus for the limited purpose of collating all the data presented by states and presenting them before the Court. The Bench had also requested the Centre to convene a meeting with stakeholders and senior officials of the Ministry of Information and Broadcasting to resolve issues and difficulties faced by advertisers.
Earlier, on May 14, the Court had refused to accept the unconditional apology of the President of the Indian Medical Association (IMA), Dr. R. V. Asokan, for his press interview containing remarks against the Supreme Court during the pendency of IMA's plea against Patanjali Ayurved with respect to misleading advertisements. Earlier, the Court had come down heavily on the President of IMA. The Court had said that all intention is shown by Dr. Asokan's conduct and had also inquired why no public apology has been made yet. The Bench had also reserved order in the Contempt notices issued to Baba Ramdev and Balakrishna in the case. The Court had also called for comradery between Allopathy and Ayurved.
On May 7, the Bench had issued notice to the present President of the IMA, impleaded him as a party to the plea filed by IMA against Patanjali Ayurved, and directed him to file an Affidavit.
In related news, the Ministry of Information and Broadcasting had issued a press release stating that in view of the directions issued by the Apex Court in Writ Petition Civil No. 645/2022-Indian Medical Association & Anr. vs. . Union of India & Ors, requiring all advertisers and advertising agencies to furnish a 'Self-Declaration Certificate' before publishing or broadcasting any advertisement, the Ministry had introduced a new feature on the Broadcast Seva Portal for TV and Radio Advertisements and on the Press Council of India's portal for Print and Digital/Internet Advertisements. This portal was activated on June 4, 2024.
Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]