The Supreme Court has ordered all State governments to set up a system for handling complaints against misleading medical advertisements within the next two months. The directive comes as part of stricter enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which has been in place for 74 years but remains poorly implemented.
A Bench comprising Justices AS Oka and Ujjal Bhuyan stressed the urgent need for a formal grievance-redressal mechanism to prevent the spread of false medical claims that could harm public health. The Court instructed States to create dedicated channels—such as toll-free helplines and email-based complaint systems—to allow consumers to report deceptive advertisements easily.
Stricter Enforcement Against Misleading Ads
The Court made it clear that complaints must be acted upon swiftly. Once a misleading advertisement is reported, the relevant authorities must investigate the matter and, if necessary, file a criminal case against those responsible.
“As soon as complaints are received, they must be forwarded to the appropriate officers for action. If a violation is found, the officer shall lodge a complaint with the local police station so that a First Information Report (FIR) can be registered and criminal proceedings initiated,” the Court ordered.
To prevent further public deception, the Court has directed legal service authorities across the country to conduct awareness programmes about the risks of misleading medical advertisements. The National Legal Services Authority (NALSA) has been asked to coordinate these efforts.
Another major concern raised during the hearing was the lack of sufficient enforcement officers to implement the law. The Court has now ordered all State governments to appoint enough gazetted officers within the next month to oversee compliance.
Central Dashboard for Complaints
The Supreme Court also noted that a centralised dashboard for reporting misleading ads is still under development. It has given the Union government three months to ensure its completion so that all States can track and share real-time information about misleading medical claims.
“All States and the Union of India must submit a compliance report by June 2025,” the Court ordered.
The ruling comes as part of an ongoing case filed by the Indian Medical Association (IMA) against Patanjali Ayurved for running misleading advertisements that criticised modern medicine.
Initially, the Court focused on Patanjali’s claims, even temporarily banning its misleading ads and initiating contempt proceedings against its promoters, Baba Ramdev and Acharya Balkrishna. However, after repeated apologies from Patanjali, the contempt case was dropped.
Beyond Patanjali, the case has expanded to broader concerns, including misleading claims by other consumer goods companies and unethical practices in modern medicine.
Senior Advocate Shadan Farasat is assisting the Court as amicus curiae, while Additional Solicitor General KM Nataraj represented the Central government in the latest hearing.
This ruling signals a major crackdown on false medical claims, as the Supreme Court pushes for tighter regulation and stronger enforcement to protect public health.
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