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Machinery for citizens to flag misleading ads needed: SC

by AIP Online Bureau | Feb 24, 2025 | Health, Indian News, Policy, Regulation, Risk Management | 0 comments

A bench of Justices Abhay S Oka and Ujjal Bhuyan said the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 was of vital importance

New Delhi: The Supreme Court on Monday underscored the importance of creating a mechanism for citizens to file complaints on misleading advertisements.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 was of vital importance.

“This Act is most vital,” the bench observed while saying it was essential to comply with its provisions.

It said a machinery had to be set up for the citizens who wanted to file complaints over misleading advertisements.

The bench said it would consider the aspect on March 7.

It also dealt with the issue concerning compliance of Rule 170 of the Drugs and Cosmetics Rules, 1945 by Jharkhand, Karnataka, Kerala, Punjab, Madhya Pradesh and union territory of Puducherry.

The top court on August 27 last year stayed a notification issued by the Ministry of Ayush, which omitted Rule 170 of the Drugs and Cosmetics Rules, 1945 that prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs.

During the hearing on Monday, the bench was informed that in Karnataka, no prosecution was initiated in 25 cases of alleged misleading advertisements due to lack of material particulars.

“According to us, these are only excuses given by the state of Karnataka. They have their own police machinery, cyber cell. It is very easy for them to find out the sources of these advertisements, provided there is a will on the state’s part to do so,” the bench observed.

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