Source: Supreme Court 

Why in News? 

The Bench of Justices Abhay S Oka and Justice Ujjal Bhuyan has passed a slew of directions to state governments for the effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), which prohibits the publication of misleading advertisements regarding medical cures. 

• The Supreme Court held in the case of Indian Medical Association v. Union of India (2025). 

What was the Background of the Indian Medical Association v. Union of India Case? 

• The case originated from a petition filed by the Indian Medical Association (IMA) primarily targeting misleading medical advertisements, with a specific focus on Patanjali Ayurved Ltd.  
• The primary concern was the proliferation of advertisements making unsubstantiated medical claims, potentially misleading the public about health treatments and remedies. 
• Patanjali's Advertising Practices Patanjali Ayurved Ltd., a prominent alternative medicine and consumer goods company co-founded by Baba Ramdev and led by Acharya Balkrishna, was at the center of the controversy.  
• The company was accused of publishing advertisements that made exaggerated or false claims about medical treatments and products. 
• The case centered on the implementation and enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), which was designed to prevent misleading medical advertisements but had been ineffectively implemented over seven decades. 
• The matter progressed through multiple stages: 
  • The IMA's initial petition sought regulation of medical advertisements. 
  • The case expanded to include contempt proceedings against Patanjali's leadership. 

What were the Court’s Observations? 

• The Supreme Court made the following observations: 
  • Implementation of the DMR Act: 
    • The 1954 Act is over 70 years old. 
    • There has been poor implementation of the Act "in its letter and spirit." 
    • The Act's provisions have not been adequately implemented despite being longstanding legislation. 
  • Scope of "Advertisement" - The Court observed that "advertisement" under the Act: 
    • Is not restricted to printed media or television. 
    • Covers a broad range of communication methods including:  
      • Circular 
      • Label 
      • Wrapper 
      • Any document 
      • Oral announcements 
      • Visual stimulations 
      • Light and sound representations 
      • Oral or transmitted sound and smoke representations 
      • The Court noted that Sections 3, 4, and 5 of the DMR Act: 
      • Apply to those who design advertisements. 
      • Apply to those who publish prohibited advertisements. 
  • The Court referenced the DMR Act's original objectives, emphasizing that misleading advertisements: 
    • They can cause great harm to society. 
    • Need to be stopped to protect "ignorant masses." 
  • The Court observed that: 
    • Most states are only issuing warnings and undertakings. 
    • This approach is insufficient for addressing misleading advertisements. 
    • A more robust enforcement mechanism is needed. 
  • The Court noted: 
    • Some states have not complied with previous orders. 
    • Specific states like Himachal Pradesh, known for pharmaceutical manufacturing, had not filed compliance affidavits. 

What are the Directions Issued by the Supreme Court? 

• Appointment of Authorized Officers:  
  • States must appoint an adequate number of gazetted officers authorized under Section 8 of the DMR Act. 
  • These officers will have powers for search and seizure, 
  • Appointments must be completed within one month from the date of the order. 
• Police Machinery Sensitization: 
  • States must sensitize their police machinery about the DMR Act's provisions. 
  • This will be done through state police training academies. 
  • Goal: Ensure better understanding and implementation of the Act. 
• Grievance Redressal Mechanism: 
  • States must create grievance redressal mechanisms for the public. 
  • Mechanisms should allow citizens to lodge complaints about objectionable advertisements. 
  • Two primary complaint channels must be established:  
    • A toll-free number 
    • An email system 
  • These mechanisms must be established within two months. 
  • States must give "adequate publicity" to these complaint channels. 
• Complaint Processing Protocol: 
  • When a complaint is received through the grievance mechanism:  
    • It must be immediately forwarded to the officer authorized under Section 8(1) of DMR. 
    • If the authorized officer finds a violation of the 1954 Act. 
    • The officer must initiate criminal proceedings by lodging a First Information Report (FIR) at the local police station. 
• Public Awareness and Education: 
  • The Court directed the registry to forward the order to the National Legal Services Authority. 
  • Purpose: Conduct sensitization programs in legal camps. 
  • Programs should:  
    • Educate the public about the DMR Act's provisions. 
    • Warn citizens about potential health risks from misleading advertisements. 
    • Highlight the dangers of following misleading medical advertisements. 
• Dashboard Development: 
  • The Union of India was directed to develop a digital dashboard. 
  • Purpose: Allow states to upload information about actions taken under the 1954 Act. 
  • Timeline: Dashboard to be developed within 3 months. 
• Compliance Reporting: 
  • All states and the Union of India must report compliance with these directions. 
  • Deadline: End of June 2025. 
• Specific State Directions: 
  • Himachal Pradesh was specifically directed to file compliance affidavits by April 2025. 
  • The Court ordered the registry to forward the order to:  
    • The state's Chief Secretary. 
    • The state's Advocate on Record.

What Does the DMR Act Prohibit? 

• Section 3 of the Act prohibits the advertisements of drugs for: 
  • the procurement of miscarriage in women or prevention of conception in women; or 
  • the maintenance or improvement of the capacity of human beings for sexual pleasure; or 
  • the correction of menstrual disorder in women; or 
  • the cure related to diseases specified in the Schedule and the Rules whih include diseases like cancer, cataract, diabetes, blood pressure, venereal diseases, kidney stones etc. 
  • Section 4 prohibits misleading advertisements giving false impressions or false claims regarding the drugs. Section 5 prohibits advertisements of magic remedies. Section 6 prohibits the import of objectionable advertisements.