In a significant move to combat misleading advertisements in the health sector, the Supreme Court of India has directed the central government to establish a centralized dashboard for tracking complaints and actions taken against violators. The court’s decision follows criticism of inadequate enforcement of existing laws by states and Union territories.
The Supreme Court’s bench, led by Justice Hima Kohli, expressed concerns over the implementation gaps in three crucial laws governing health sector advertisements: the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMR), the Drugs and Cosmetics Act (DCA), and the Consumer Protection Act (CPA). The bench observed that there has been minimal action against manufacturers violating these laws, leaving consumers without proper recourse.
The court’s directive calls for the Ministry of Ayush to develop and maintain a dashboard where citizens can access information on complaints lodged and the subsequent actions taken. This measure aims to enhance transparency and accountability in handling misleading advertisements.
The case emerged from a petition filed by the Indian Medical Association (IMA) challenging misleading ads by Patanjali Ayurved, led by Baba Ramdev. The IMA alleged that several advertisements by Patanjali violated provisions of the DMR and DCA. Despite a ban imposed on 14 Ayurvedic products by the Uttarakhand licensing department on April 15, 2023, these products remained available for purchase, prompting further scrutiny.
In response to the allegations, senior advocate Balbir Singh representing Patanjali stated that the ban had been lifted due to procedural lapses identified by an expert committee. The court has given the Uttarakhand government two weeks to decide on the final status of the ban while urging swift action.
The Supreme Court also highlighted the lack of inter-state coordination and enforcement action against repeat offenders. Advocate Shadan Farasat, assisting the court as amicus curiae, noted that the penalty mechanism under the relevant laws is underutilized. Farasat criticized the July 2018 notification allowing Ayush drugs to bypass clinical trials, arguing that it undermines the Drug Rules of 1945.
Further, the court questioned why the Memorandum of Understanding (MoU) between the Ministry of Consumer Affairs and the Advertising Standards Council of India (ASCI) was not renewed after August 2020. The MoU had facilitated monitoring of misleading advertisements through the Grievances Against Misleading Advertisements (GAMA) portal, but its lapse has resulted in a decline in complaint resolution.
The bench has granted a final two-week deadline for states and Union territories to respond to the court’s queries. Failure to comply will result in health secretaries being summoned for virtual hearings. The court’s action underscores its commitment to ensuring consumer protection and effective enforcement of health sector regulations.
Sources By Agencies