SC takes action against Andhra Pradesh, Delhi, and J&K for failing to regulate misleading ads: Report

The Supreme Court of India has taken action against the authorities of Andhra Pradesh, Jammu, Kashmir, and Delhi for failing to take action against misleading advertisements on Ayurvedic medicines.

The apex court summoned the chief secretaries of the three states, and the next hearing is scheduled for March 7.

The court said the states had not submitted an affidavit on compliance with Rule 170 but had shown that they implemented the rule.

Rule 170 of the Drugs and Cosmetics Rules grants authorities power to act against misleading advertisements of Ayurvedic medicines.

Hearing a written petition filed by the Indian Medical Association, the SC asked the chief secretaries of the three states to explain why they failed to file an affidavit.

According to a report by LiveLaw, a bench of Justices Abhay S Oka and Ujjal Bhuyan said that the Supreme Court had asked the states to implement Rule 170 of the Drugs and Cosmetics Rules, 1945.

"We find that there is hardly any implementation of the orders passed by this Court...We direct the states of Andhra Pradesh, Delhi, Goa, Gujarat, Jammu, and Kashmir to file further affidavits, including affidavits dealing with enforcement of Rule 170," the judges said, as per the LiveLaw report.

Last year, on 27 May, the Supreme Court directed all states and union territories to file affidavits of their Licensing authorities regarding action taken by them since 2018 in respect of misleading ads that violate the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Drugs and Cosmetics Act, 1940 and Consumer Protection Act, 2019.

This year, the court issued a warning that it would initiate contempt proceedings against states/UTs that failed to take action against the misleading ads and medical claims running contrary to the law.

As per the latest hearing of the SC, Andhra Pradesh, Delhi, and J&K have failed to comply with the court's order.