Supreme Court Stays Government Move to Remove Rule on Misleading Advertisements

New Delhi : The Supreme Court has issued a stay on the government’s July 1 order that removed the requirement for manufacturers of Ayurveda, Siddha, or Unani drugs to obtain prior licensing permission before advertising their products. This decision came after the court found the government’s move to be in direct contradiction to earlier court orders aimed at tightening regulations against misleading advertisements for health and medicinal products.

A bench led by Justice Hima Kohli expressed strong disapproval of the government’s actions, stating, “In our opinion, the notification flies in the face of the order passed by this court.” The court emphasized the importance of safeguarding public health and welfare, which could be compromised by unchecked and potentially misleading advertising of traditional medicines.

The July 1 notification had sparked controversy and concern among various stakeholders, including consumer rights groups and health experts, who argued that the removal of this requirement would open the floodgates to false claims and unverified health benefits being promoted in advertisements. They stressed that without prior oversight, there could be an increase in deceptive practices, leading to consumers being misled about the safety and efficacy of such products.

By staying the government order, the Supreme Court underscored the need for stringent regulatory frameworks to prevent misleading advertisements, particularly in the health and medicinal sectors. The court’s decision is seen as a reaffirmation of its commitment to protecting consumer rights and ensuring that public health is not compromised by unregulated promotional practices.

The Centre’s July 1 notification had effectively rolled back provisions that required traditional medicine manufacturers to seek prior approval before publishing advertisements, a rule that was initially put in place to curb the spread of misleading claims and ensure that advertisements were truthful and not misleading. The Supreme Court’s intervention to stay this decision has been welcomed by consumer advocates who believe it will help maintain the integrity and trustworthiness of health-related advertising.

As the legal proceedings continue, the government is expected to provide further clarification on its rationale behind the July 1 notification and outline any steps it plans to take to address the court’s concerns. The Supreme Court’s stay order highlights the judiciary’s proactive role in ensuring that regulatory measures align with the broader objective of safeguarding public health and preventing exploitation through misleading marketing practices.

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