New Delhi (thestates.news)| The Supreme Court on Friday deferred the hearing of the Indian Medical Association’s (IMA) plea concerning misleading claims and advertisements by Patanjali Ayurveda, emphasizing the need for an “exhaustive order” to ensure effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act).
A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan observed that despite submissions by various states, compliance with the Act remains inadequate. During the proceedings, Senior Advocate Shadan Farasat, the Amicus Curiae in the case, acknowledged some improvement in compliance but noted that full adherence had yet to be achieved.
“The Chief Secretaries have filed additional affidavits. While they are not fully compliant, there has been substantial progress. Rule 170 is finally being implemented by the states,” he submitted.
The Chief Secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir appeared via video conferencing, and the Court took note of affidavits submitted by various states, confirming that Rule 170 which regulates misleading advertisements—is now being enforced. Given the need for detailed directions, the Court scheduled the next hearing for March 25 at 2 PM and excused the further appearance of the Chief Secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir.
On February 24, the Supreme Court reviewed the compliance status of several states, including Jharkhand, Karnataka, Kerala, Madhya Pradesh, Pondicherry, and Punjab.
The Court took a strict stance against Jharkhand’s claim that no manufacturers in the state had sought permission under Rule 170, directing the state to clarify whether any advertisements violating the rule were being published.
The Bench emphasized that ensuring compliance was the state’s responsibility and ordered an affidavit on the matter.
Earlier, on February 10, the Supreme Court had summoned the Chief Secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir via video conferencing on March 7, citing their failure to implement the Court’s directives on regulating misleading advertisements in allopathic and alternative medicine.
On January 15, the Apex Court had issued strong directions to all states and Union Territories, warning of contempt proceedings under the Contempt of Courts Act, 1971, for non-compliance with its orders on misleading advertisements.
The Court also closed contempt proceedings against Indian Medical Association (IMA) President Dr. R. V. Asokan for his remarks against the Supreme Court during the pendency of IMA’s plea against Patanjali Ayurveda.
The case had drawn attention after Asokan was asked to issue a public apology, which the Court previously deemed unsatisfactory due to its minuscule font size in a published notice.
Additionally, on August 13, 2024, the Supreme Court discharged contempt notices issued to Baba Ramdev and Patanjali MD Acharya Balakrishna in the Patanjali misleading advertisements case. The Court accepted their unconditional apology but issued a strong warning against future violations of its orders.
In response to the Supreme Court’s directives, the Ministry of Information and Broadcasting introduced a ‘Self-Declaration Certificate’ requirement for all advertisements.The new feature, activated on June 4, 2024, mandates advertisers and agencies to submit declarations before publishing or broadcasting ads on TV, radio, print, and digital platforms.
The Supreme Court had previously instructed the government to ensure compliance with this measure to curb misleading advertisements in healthcare and wellness sectors. The matter will be taken up again on March 25, 2025, for further directions on the enforcement of regulations governing misleading advertisements.(UNI)
SC defers hearing on IMA’s plea against Patanjali’s misleading advertisements
