The Supreme Court has emphasised the need for a mechanism under the Drugs and Magic Remedies Act to enable citizens to file a complaint, on February 24.
During the hearing of Indian Medical Association’s case pertaining to misleading medical ads, a bench of Justices Abhay S Oka and Ujjal Bhuyan asked Senior Advocate Shadan Farasat (Amicus Curiae) to place before it a note on the implementation of the Act by the next date.
Justice Oka noted, “Under that Act (Drugs and Magic Remedies[Objectionable Advertisements] Act), machinery has to be established first. This is one of the Act of most vital importance. Place your note on record…we will pass comprehensive directions specifically…we will direct that entire machinery must be setup…prosecution must be [made]…some grievance redressal mechanism has to be there…if some citizen wants to complain, then how will he complain? We will direct the creation of some dedicated phone lines or something so that people can file a complaint…that is one area which should have been dealt with earlier…it’s very important.”
Last year, in May, the Court directed all State/UT governments to file affidavits of their Licensing authorities regarding action taken by them taken since 2018 in respect of misleading ads that violated Drugs and Magic Remedies Act, 1954, Drugs and Cosmetics Act, 1940 and Consumer Protection Act, 2019. Subsequently, the Court directed all State/UT governments to explain their inaction in imposing penalties and deterrents for compliances of the statutes.
Read more: SC takes action against Andhra Pradesh, Delhi, and J&K for failing to regulate misleading ads
Farasat informed the Court that there had not been a specific direction to the states/UTs with regard to the Drugs and Magic Remedies Act.
Accordingly, the order was passed, with the bench indicating that it would issue comprehensive directions in connection with the Act on March 7, as per Live and Law.
The matter was for considering states/UTs’ (including Jharkhand, Karnataka, Kerala, Madhya Pradesh, Pondicherry and Punjab) compliance with the Court’s earlier orders regarding enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.
On February 11, the Court took actions against the authorities of Andhra Pradesh, Jammu, Kashmir, and Delhi for failing to take action against misleading advertisements on Ayurvedic medicines. The apex court summoned the chief secretaries of the three states, and the next hearing is scheduled for March 7.
The Court said the states had not submitted an affidavit on compliance with Rule 170 but had shown that they implemented the rule. Rule 170 of the Drugs and Cosmetics Rules grants authorities power to act against misleading advertisements of Ayurvedic medicines.