Supreme Court Shuts Down IMA Petition on Misleading Ads

Reliefs Achieved, Court Declares Case Closed

The Supreme Court has concluded a petition filed by the Indian Medical Association (IMA) concerning alleged misleading advertisements targeting allopathic medicine. A bench noted that the core objectives sought by the association had already been met.

Reliefs Deemed Achieved

Justices B.V. Nagarathna and K.V. Viswanathan presided over the hearing. Justice Nagarathna remarked, “All the reliefs sought in the prayers have already been achieved. We should close this now.”

Amicus Curiae, Senior Advocate Shadan Farasat, requested the court to maintain the status quo. However, Justice Nagarathna stated the court could neither legislate nor reinstate an omission. Counsel for the IMA had argued that Ayurvedic advertisements could falsely promise cures, drawing patients away from allopathic care until conditions became untreatable.

Justice Nagarathna observed, “So long as they are permitted to manufacture and they manufacture it, afterwards we can’t say don’t…” She also drew a parallel to statutory warnings on tobacco products, while Justice Viswanathan suggested that banning advertisements might constitute an unfair trade practice.

Farasat raised concerns about advertisements claiming to cure cancer. Solicitor General Tushar Mehta responded, “There’s a statutory mechanism.” Advocate Sachdeva highlighted the issue of illiteracy in India. Solicitor General Mehta questioned his representation, to which Sachdeva stated he had filed an application.

Solicitor General Mehta further commented, “This is not Jantar Mantar where anyone can just walk in. Let’s not underestimate the intelligence of the common man.” Senior Advocate Kapil Sibal emphasized his role as a platform provider, arguing against unnecessary litigation for services like WhatsApp and Facebook. Farasat indicated no objection to this point.

The Court concluded, “We close the matter. Keep all contentions open. Vacate the interim order. We are vacating the stay. Liberty is reserved. Whatever orders are passed is for the parties to make use in whatever way they want.” Justice Nagarathna clarified that any grievances regarding the omission of Rule 170 could be addressed in the High Court.

Court Order and Background

The official order noted that the reliefs sought by the IMA had been achieved through various previous court directives. It further stated that although AYUSH omitted Rule 170 of the 1945 rules via a notification on July 1, 2024, a subsequent court order on August 27, 2024, stayed that notification. With the core prayers addressed, the writ petition was disposed of, with parties granted liberty to approach the High Court concerning the omission of Rule 170. The interim order of August 27, 2024, was consequently vacated.

Previous Court Actions on Misleading Advertisements

The Supreme Court had previously taken a firm stance against states for failing to curb misleading advertisements. On February 24, the court reviewed compliance in several states, demanding clarification on adherence to Rule 170(2). Earlier, on February 10, the court had summoned Chief Secretaries from Andhra Pradesh, Delhi, and Jammu & Kashmir to explain non-compliance with orders regulating such advertisements. On January 15, the court issued strong directives to all states and Union Territories, warning of contempt proceedings for inaction. The court had also closed contempt proceedings against IMA President Dr. R V Asokan for his remarks against the Supreme Court.

In August 2024, a bench had questioned the minuscule font size of an apology published by Dr. R. V. Asokan. Earlier, on August 13, 2024, the court discharged contempt notices against Baba Ramdev and Patanjali Ayurved MD Acharya Balakrishna after accepting their unconditional apology, cautioning them against future violations. The court had also previously appointed Shadan Farasat as an amicus to collate data from states and had requested the Centre to convene a meeting with stakeholders to address advertiser challenges.

In related developments, the Ministry of Information and Broadcasting introduced a ‘Self-Declaration Certificate’ system for advertisements across print, digital, TV, and radio, effective June 4, 2024, in response to court directives.