INDIAN MEDICAL ASSOCIATION & ANR. versus UNION OF INDIA & ORS.

INDIAN MEDICAL ASSOCIATION & ANR. versus UNION OF INDIA & ORS.

The Court held that advertisers, advertising agencies and endorsers are equally responsible for false and misleading advertisements and, invoking its powers under Article 32 to protect the right to health, directed that henceforth a pre-publication Self-declaration by the advertiser/advertising agency must be uploaded (on the Broadcast Sewa Portal for broadcast media and a dedicated portal for print/Internet) before any advertisement is printed/aired/displayed; directed Ministries and authorities to file affidavits (including Ministry of Health and Family Welfare/FSSAI data and State Licensing Authorities), directed the Ministry of AYUSH to withdraw its letter dated 29 August 2023, and...

Parties
Petitioner: Indian Medical Association; Respondent: Union of India & Ors.; Co Respondent: President, Indian Medical Association
Jurisdiction
India
Judgment Date
07 May 2024
Procedural Posture
Writ Petition (civil) Under Article 32 / Interim Orders / Interlocutory Application (directions Issued on 07 May 2024)
Outcome
Directions issued
Legal Topics
Misleading Advertisement, Endorsements of Advertisements, Self Declaration Requirement for Advertisements, Enforcement of Right to Health, Regulatory and Enforcement Mechanisms, Role of Central Consumer Protection Authority, Rule 170 (drugs and Cosmetics Rules, 1945)
Advertisement Law Consumer Protection Health Right Broadcast Regulation Food Safety Drugs and Cosmetics Rules Misleading Advertisement Endorsements of Advertisements +5 more

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Parties

Indian Medical Association

Petitioner

Union of India & Ors.

Respondent

President, Indian Medical Association

Co Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Interim Orders / Interlocutory Application (directions Issued on 07 May 2024)

Legal Issues

  1. 1 Proliferation of misleading advertisements and lack of accountability of manufacturers, promoters, advertisers and endorsers
  2. 2 Whether and how the Court can enforce measures to prevent misleading advertisements as part of the right to health under Article 32
  3. 3 Validity and effect of administrative instruction of Ministry of AYUSH dated 29 August 2023 regarding Rule 170 of the Drugs and Cosmetics Rules, 1945

Ratio Decidendi

The Court held that advertisers, advertising agencies and endorsers are equally responsible for false and misleading advertisements and, invoking its powers under Article 32 to protect the right to health, directed that henceforth a pre-publication Self-declaration by the advertiser/advertising agency must be uploaded (on the Broadcast Sewa Portal for broadcast media and a dedicated portal for print/Internet) before any advertisement is printed/aired/displayed; directed Ministries and authorities to file affidavits (including Ministry of Health and Family Welfare/FSSAI data and State Licensing Authorities), directed the Ministry of AYUSH to withdraw its letter dated 29 August 2023, and...

Court Disposition

Directions issued

Orders

  • Issue notice in Interlocutory Application No.110011 of 2024 and implead the President, Indian Medical Association as co-respondent; amended memo of parties to be filed and reply to be filed before next date (14 May 2024).
  • State Governments/Union Territories to file independent affidavits of the Licensing Authorities regarding action taken against misleading advertisements for the period from 2018 onwards.