On Misleading Ads , Supreme Court Deadline To States To Deal With Complaints

Observing that misleading advertisements could cause great harm to the society, the Supreme Court on Wednesday set a two-month deadline for the states and union territories to create a grievance redressal mechanism to deal with complaints against such ads.

Issuing a slew of directions to curb misleading advertisements, a bench of Abhay S Oka and Ujjal Bhuyan said they could cause great harm to the society and that it was essential to stop them and save the ignorant masses.

The state governments, the court said, should create mechanisms for members of the public to lodge complaints against objectionable advertisements prohibited under the Drugs and Magic Remedies Act, 1954.

The 1954 act is more than 70 years old and there is no implementation in its true letter and spirit, it said.

"We direct the states governments to create proper grievance redressal mechanisms within a period of two months from today and give adequate publicity to the availability at frequent intervals." The mechanism could entail complaints being lodged on a toll-free number or through an email.

The top court directed the states to sensitise the police machinery on implementation of the provisions of 1954 act.

"We direct the states, UTs to appoint gazetted officers who are authorised to exercise powers under Section 8 of the Drugs and Magic Remedies Ac for search, seizure, etc.," it said.

As soon as complaints were received through the grievance redressal mechanism or otherwise, the same would be immediately forwarded to the officer concerned for action, the court said.

"If the officer finds that there is a contravention of the 1954 Act he will set the criminal law in motion by lodging a complaint with the police station so that first information reports can be registered." The court also directed its registry to share the order copy with the National Legal Services Authority for sensitisation programs on the 1954 Act.

The Centre was directed to ensure creation of a dashboard for display of actions against misleading advertisements within three months.

Clamping down on misleading advertisements, the top court on May 7, 2024 directed that before an advertisement was permitted to be issued, a self-declaration would be obtained from the advertisers on the lines of the Cable Television Networks Rules, 1994.

The issue arose when the top court was hearing a plea filed in 2022 by the Indian Medical Association(IMA) alleging a smear campaign by Patanjali and yoga guru Ramdev against the Covid vaccination drive and modern systems of medicine.

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