Supreme Court Directs Centre to Regulate Misleading Pharmaceutical Advertisements
- ByAdmin --
- 29 May 2025 --
- 0 Comments
The Supreme Court of India has recently issued a directive to the Central Government to regulate and curb misleading advertisements in the pharmaceutical sector. This ruling underscores the critical need to protect consumers from false claims regarding medicines and health products, ensuring public safety and ethical marketing practices.
Background
- The issue arose due to the widespread circulation of advertisements promoting pharmaceutical products with exaggerated or unverified claims.
- Such advertisements often mislead consumers, influencing them to purchase medicines without proper medical consultation.
- Public interest litigations and complaints highlighted the growing concern over deceptive marketing harming consumer health and violating consumer rights.
Supreme Court’s Observations
- Consumer Protection and Public Health:
The Court emphasized that misleading pharmaceutical advertisements jeopardize public health by promoting drugs and treatments without adequate scientific backing. This practice risks the safety of consumers who may rely on unproven claims instead of professional medical advice.
- Need for Stricter Regulation:
The Court directed the Centre to enforce strict regulations on pharmaceutical advertising, including pre-certification of advertisements before their release. It emphasized that advertisements should be factual, scientifically validated, and not create unrealistic expectations.
- Role of Existing Laws and Authorities:
The judgment referred to various laws governing pharmaceutical advertising, including the Drugs and Cosmetics Act, 1940, the Food Safety and Standards Act, 2006, and the Consumer Protection Act, 2019. The Court urged regulatory authorities such as the Central Drugs Standard Control Organization (CDSCO) and the Advertising Standards Council of India (ASCI) to act decisively against violations.
- Preventing Harmful Public Influence:
The Court noted that misleading ads not only endanger health but also erode public trust in genuine medical products and healthcare systems. It stressed the importance of maintaining ethical standards in pharmaceutical marketing to safeguard consumer interests.
Legal Provisions Referenced
- Drugs and Cosmetics Act, 1940:
Regulates the import, manufacture, distribution, and sale of drugs and cosmetics in India. Includes provisions to control misleading claims about drugs.
- Consumer Protection Act, 2019:
Protects consumers against unfair trade practices, including false advertising.
- Food Safety and Standards Act, 2006:
Ensures the safety of food and related products, including health supplements, under regulated advertising norms.
- Advertising Standards Council of India (ASCI) Code:
A voluntary self-regulatory code that promotes truthful advertising and discourages misleading claims.
Impact of the Judgment
- The Supreme Court’s directive aims to safeguard consumers from false and potentially harmful information regarding pharmaceutical products.
- It is expected to lead to tighter scrutiny of advertisements, reducing the spread of misinformation in the healthcare sector.
- Pharmaceutical companies will need to ensure that their advertising materials are compliant with scientific evidence and legal standards.
- The ruling promotes accountability among advertisers and regulatory bodies, enhancing consumer trust in marketed health products.
Conclusion
The Supreme Court’s call for stringent regulation of misleading pharmaceutical advertisements is a vital step toward protecting public health and consumer rights. By urging the Centre and regulatory authorities to act decisively, the judgment seeks to eliminate deceptive marketing practices and promote ethical standards in the pharmaceutical industry. This will ultimately benefit consumers by ensuring access to truthful information and safer healthcare choices.
RELATED Blog
0 comments