DIMAPUR — The
Supreme Court has directed Nagaland, along with other states and union
territories, to file compliance affidavits by March 3 regarding actions taken
against misleading medical advertisements.
The Court will review compliance on March 17.
According to a Live Law report, the apex court warned that
it would initiate contempt proceedings against states and union territories
that failed to take action against misleading advertisements and medical claims
that run contrary to law.
“We make it clear that every find non-compliance by any of
the states and union territories we may have to initiate proceedings under the
Contempt of Courts Act, 1971 against the concerned states,” it said, quoting
Justices Abhay Oka and Ujjal Bhuyan, who were hearing a petition filed by the
Indian Medical Association (IMA) regarding misleading claims and advertisements
targeting modern or “allopathic” medicine.
As per court documents, on May 7, 2024, the court had
directed all the state governments/UTs to file affidavits of their licensing
authorities regarding the action taken since 2018 in respect of misleading
advertisements that violate the Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954; the Drugs and Cosmetics Act, 1940; and the Consumer Protection
Act, 2019. On July 30, 2024, it directed all the state governments/UTs to
explain their inaction in imposing penalties and deterrents for compliance with
the statutes.
The Live Law report stated that during Wednesday’s hearing,
Amicus Curiae Senior Advocate Shadan Farasat highlighted that under Sections 3
and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954,
prosecution is the sole remedy available against violators. However, affidavits
from states indicated a lack of enforcement, with no prosecutions being
pursued.
During the proceedings, the court reportedly expressed
dissatisfaction with explanations from various states, noting a lack of
concrete action against offenders. Justice Abhay Oka remarked that continued
non-compliance might compel the Court to initiate contempt proceedings.
The SC has directed the states of Andhra Pradesh, Delhi,
Goa, Gujarat, and Jammu & Kashmir to submit affidavits by February 3 so
that they can be reviewed on February 10. Likewise, Jharkhand, Karnataka,
Kerala, Madhya Pradesh, Pondicherry, and Punjab are to submit affidavits by
February 17 for review on February 24.
For Nagaland and the remaining states and UTs, the
affidavits are to be filed by March 3, and compliance will be reviewed on March
17.
