SC warns of contempt action if states, UTs fail to act against misleading ads

The Supreme Court on Wednesday warned states and union territories of contempt action if they failed to act against misleading advertisements.

“We make it clear that if we find non-compliance by any of the states and union territories, we may have to initiate proceedings under the Contempt of Courts Act, 1971, against the states concerned,” a Bench led by Justice AS Oka said after perusing a note submitted by senior advocate Shadan Farasat, who is assisting it as amicus curiae.

The warning came after Farasat said as per the affidavits filed by the states and union territories so far, virtually no prosecution under the 1954 Act was taking place.

The issue of misleading advertisements had come before the court during hearing a petition filed by the Indian Medical Association in 2022 alleging a smear campaign by Patanjali Ayurved Ltd against the Covid-19 vaccination drive and modern systems of medicine.

It had highlighted that misleading advertisements were being published or displayed in the media contrary to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Drugs and Cosmetics Act, 1940, and the Consumer Protection Act, 1986.

The Bench also closed contempt of court proceedings initiated against Indian Medical Association (IMA) President Dr RV Asokan for an interview given to a media outlet in which he allegedly made certain remarks against the Supreme Court while IMA’s petition against Patanjali Ayurved on misleading advertisements was pending.

“In view of the apology tendered and the affidavit filed by the President, no further action is contemplated,” the court said after senior advocate PS Patwalia submitted on behalf of the IMA President that the apology has been published in newspapers, on IMA website and in the IMA newsletter.