More Stories

Informist, Wednesday, Mar. 26, 2025

 

NEW DELHI – The Supreme Court on Wednesday asked the states to appoint in one month an adequate number of gazetted officers that have the power to search and seize any advertisements which have contravened provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. This Act is for controlling the advertisement of drugs in certain cases and to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities.

 

The top court observed that though the 1954 Act was more than 70 years old, there was no implementation of it in its "letter and spirit". It is necessary for the state governments to create machinery for implementation of the 1954 Act, said the court. It is also necessary that the legal services authorities educate masses about the provisions of 1954 Act and warn them of the harmful effects on their health in case they are swayed by the said advertisements, the court said.

 

The apex court directed the state governments to sensitise the police machinery through the police training academy in the state on implementation of the provisions of 1954 Act. The state governments shall create grievance redressal mechanisms in two months so that members of the public can lodge complaints about the objectionable advertisements prohibited under the 1954 Act, the court said. The grievance mechanism may provide for making complaints either on a toll free number or by email, said the court. 

 

As soon as a complaints is received through the grievance redressal mechanism or otherwise, it shall be immediately forwarded to the concerned officer authorised under section 8(1) of the Act, to take action under the said provision, said the apex court. If the officer finds that there was contravention of the 1954 Act, the officer will set criminal law in motion by lodging a complaint with the police station so that first information reports can be registered, the top court added.

 

In January, the Supreme Court had 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.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.

 

Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.

 

Informist Media Tel +91 (11) 4220-1000

Send comments to feedback@informistmedia.com

 

© Informist Media Pvt. Ltd. 2025. All rights reserved.