SC sets 2-month deadline for states to create grievance redressal mechanism
New Delhi: Recognising the potential harm misleading advertisements can inflict on society, the Supreme Court on Wednesday directed states and union territories to establish a grievance redressal mechanism within two months to address complaints against such ads.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan issued several directives to curb deceptive advertising, emphasising the need to prevent such practices to protect uninformed consumers.
The state governments, the court said, should create mechanisms for members of the public to lodge complaints against objectionable advertisements prohibited under the Drugs and Magic Remedies Act, 1954.
The 1954 act is more than 70 years old and there is no implementation in its true letter and spirit, it said.
“We direct the states governments to create proper grievance redressal mechanisms within a period of two months from today and give adequate publicity to the availability at frequent intervals.” The mechanism could entail complaints being lodged on a toll-free number or through an email.
The top court directed the states to sensitise the police machinery on implementation of the provisions of 1954 act.
“We direct the states, UTs to appoint gazetted officers who are authorised to exercise powers under Section 8 of the Drugs and Magic Remedies Ac for search, seizure, etc.,” it said.
As soon as complaints were received through the grievance redressal mechanism or otherwise, the same would be immediately forwarded to the officer concerned for action, the court said.
“If the officer finds that there is a contravention of the 1954 Act he will set the criminal law in motion by lodging a complaint with the police station so that first information reports can be registered.”
The court also directed its registry to share the order copy with the National Legal Services Authority for sensitisation programs on the 1954 Act.
The Centre was directed to ensure creation of a dashboard for display of actions against misleading advertisements within three months.
Clamping down on misleading advertisements, the apex court on May 7, 2024 directed that before an advertisement was permitted to be issued, a self-declaration would be obtained from the advertisers on the lines of the Cable Television Networks Rules, 1994.
The issue arose when the apex court was hearing a plea filed in 2022 by the Indian Medical Association(IMA) alleging a smear campaign by Patanjali and yoga guru Ramdev against the Covid vaccination drive and modern systems of medicine.
