In a move to safeguard consumers from misleading advertisements, the Supreme Court of India has issued directives for advertisers to submit self-declarations before promoting products in the media.In further development, the Union government has withdrawn an AYUSH Ministry letter, which “omitted” Rule 170 of the Drugs and Cosmetics Rules, 1945, with immediate effect.Rule 170 prohibits advertisements of Ayurvedic, Siddha, or Unani drugs without licensing authorities’ approval.
Key Directives from the Supreme Court
Submission of Self-Declarations
- Advertisers must submit self-declarations before promoting products in the media.
- Advertisers are now obligated to declare that their advertisements do not deceive or make untrue statements about their products in order to prevent misleading consumers.
Online Portal for Advertisers
- Advertisers intending to run TV ads must upload declarations on the ‘Broadcast Seva’ portal, which serves as a one-stop facility for stakeholders to request permissions, registrations, and licenses for broadcast-related activities from the Ministry of Information and Broadcasting.
- A similar portal for print advertisers is to be established.
Responsibility of Endorsers
- Social media influencers, celebrities, and public figures endorsing products must act responsibly.
- Endorsers should possess adequate knowledge about the products they promote to avoid deceptive advertising.
Ensuring Consumer Protection
- Establish a transparent process for consumers to report misleading advertisements and ensure they receive updates on complaint status and outcomes.
Recent Cases of Misleading Advertisements have Emerged
- The Advertisement Monitoring Committee at Food Safety and Standards Authority of India (FSSAI) identified 32 cases of misleading claims by food business operators (FBOs) bringing the total count of such violations to 170 in the last six months.
- Variety of Offenders: Violators span diverse product categories, including health supplements, organic products, and staples.
- The Supreme Court recently rebuked Patanjali Ayurved for disseminating misleading advertisements, leading to a ban on its marketing activities.
- The Indian Medical Association accused Patanjali of denigrating allopathic medicine and spreading false information about vaccines during Covid-19.
- The allegations led to legal arguments citing violations of the Drugs & Other Magical Remedies Act, 1954, and the Consumer Protection Act, 2019.