SC cracks down on misleading medical ads, demands stricter state enforcement

New Delhi: The Supreme Court on Monday sharply criticised several states for their lax enforcement of rules against misleading medical advertisements, demanding stricter action to protect consumers from false health claims.  

The court, hearing a plea from the Indian Medical Association (IMA), stressed the need for full compliance with Rule 170 of the Drugs and Cosmetics Rules, 1945, which regulates advertising of allopathic medicines.

To summarise, on May 7, 2024, the court directed all State/UT governments to submit affidavits from their licensing authorities detailing the actions taken since 2018 against misleading advertisements that violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Drugs and Cosmetics Act, 1940, and the Consumer Protection Act, 2019.  

The court has previously summoned officials from Andhra Pradesh, Delhi, and Jammu & Kashmir to explain their non-compliance and has warned of potential contempt proceedings for inaction.

Justice Abhay S Oka and Justice Ujjal Bhuyan expressed strong disapproval of states like Jharkhand and Karnataka, where authorities failed to prosecute advertisers despite evidence of misleading claims.  The court directed these states to utilise their police resources to track down offenders and submit detailed compliance reports.

"These are only excuses by the state," the court remarked, rejecting Karnataka's claim that it couldn't prosecute 25 cases due to lack of particulars.  "They have their own police machinery."

Subsequently, the Court asked State/UT governments to explain their failure to impose penalties and deterrents to ensure compliance with these statutes.The court also commended Kerala for its comprehensive compliance efforts and urged other states to follow suit.  It reiterated that states have a duty to proactively enforce Rule 170 and take action against violators, warning against inaction in preventing misleading medical claims.

This case highlights the ongoing battle against false advertising in the healthcare sector. The Supreme Court's intervention underscores the urgent need for stricter enforcement and greater accountability to protect consumers from potentially harmful misinformation.