Supreme Court Cracks Down on Misleading Medical Ads, Directs States to Enforce Law

​The Supreme Court of India has recently taken significant steps to address the issue of misleading medical advertisements. In a writ petition filed by the Indian Medical Association (IMA), the Court directed states and Union Territories to ensure strict enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The Court emphasized the necessity of establishing mechanisms that allow citizens to file complaints against such misleading advertisements.

Expressing dissatisfaction with the lack of prosecutions under the Act, the Court questioned the states’ inaction, noting that many cited difficulties in identifying offenders. Justice Abhay S. Oka remarked, “Why not take action based on complaints received?”

To ensure compliance, the Court scheduled specific dates to review the actions taken by various states:

• February 10, 2024: Uttar Pradesh, Delhi, Gujarat, and Jammu & Kashmir were to submit compliance reports.
• February 24, 2025: Jharkhand, Karnataka, Kerala, Madhya Pradesh, and Punjab were required to file their compliance reports.
• March 17, 2025: The remaining states and Union Territories are expected to submit affidavits detailing their compliance efforts.

The Court warned that any instance of non-compliance might lead to contempt proceedings against the concerned states or Union Territories. Additionally, the chief secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir were summoned to appear via video conferencing to explain their lack of compliance.

Furthermore, the Supreme Court highlighted the importance of setting up a grievance redressal mechanism under the Act, suggesting the creation of dedicated phone lines or similar channels to facilitate citizen complaints. The Court indicated its intention to issue comprehensive directions on this matter in the upcoming hearings.

These actions underscore the Court’s commitment to curbing misleading medical advertisements and ensuring that appropriate mechanisms are in place for their regulation.​

Sources