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EquityWireSC warns states of contempt for not taking action on misleading advts

SC warns states of contempt for not taking action on misleading advts

This story was originally published at 19:21 IST on 15 January 2025
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Informist, Wednesday, Jan. 15, 2025

 

NEW DELHI – The Supreme Court on Wednesday warned states and Union territories of contempt proceedings if they did not take action against misleading advertisements and medical claims that were contrary to law. The Supreme Court was hearing a petition filed by the Indian Medical Association, which raised concern over the continuous, systematic, and unabated spread of misinformation regarding allopathic and modern medicines. The petition had also sought action against Patanjali Foods Ltd.'s parent company Patanjali Ayurved Ltd., its Co-founder Baba Ramdev and Managing Director Acharya Balkrishna for misleading advertisements.

 

The apex court noted Amicus Curiae Shadan Farasat's submission on the states that have not taken action against misleading advertisements. The apex court gave specific dates to different states and Union territories to consider their compliance report on the action taken against misleading advertisements. "We make it clear that if we see non-compliance we have to issue contempt notices under the Contempt of Courts Act, 1971", the apex court said.

 

The court had in May asked state licensing authorities to file affidavits on the steps taken to curb misleading advertisements and products. States should indicate action taken on complaints and suo motu action against misleading advertisements, the court had said. The Amicus Curiae on Wednesday said that there was a lack of enforcement of sections 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 by states, with no prosecution being pursued by them. 

 

The apex court on Wednesday also closed contempt proceedings against Indian Medical Association President R.V. Asokan after he apologised for his remarks against the court in an interview. While hearing the case on Apr. 23, the court had asked the association to put its own house in order first. In an interview published on Apr. 29, Asokan had said the apex court was pointing fingers at the association for no reason. In the interview, Asokan had said it was unfortunate that the court had criticised the Indian Medical Association. He said "vague and generalised statements" had demoralised private doctors and that "it does not behove the Supreme Court to take a broadside against the medical profession", which sacrificed many lives during the COVID epidemic.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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