FMCG ads come under SC scanner

The Supreme court on Tuesday while expanding the scope of its hearing in the Patanjali Ayurved case, took a stern view of misleading advertisements by FMCG firms and asked three Union ministries to inform it about the steps they have taken to curb the practice which takes “public for a ride” and adversely affects their health.

While hearing the Patanjali case, the top court observed that the implementation of the relevant provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, the Drugs and Cosmetics Act and the Consumer Protection Act and the related rules also needed a closer examination.

The issue was not limited to Patanjali but extended to all fast-moving consumer goods (FMCG) firms which have been issuing “misleading advertisements and taking the public for a ride, in particular affecting the health of babies, school-going children and senior citizens who have been consuming products on the basis of the said misrepresentation”, the bench said.

The bench further added, “We must clarify that we are not here to gun for a particular party or a particular agency or a particular authority. This is a PIL, and in the larger interest of the consumers, public should know which way they are going and how and why they can be misled, and how authorities are acting to prevent it.”

The court asked the Union ministries of consumer affairs, information and broadcasting, and information technology to explain what action they have taken to prevent the misuse of consumer laws.

It also sought an explanation from the Centre over an August 2023 letter issued by the Ministry of Ayush to the licensing authorities of all states and Union Territories and drug controllers of Ayush asking them to not initiate any action under rule 170 of Drugs and Cosmetics Rules, 1945.

The bench also asked the Indian Medical Association (IMA), the petitioner in the Patanjali advertisements case, to “put its house in order”.

It said several complaints have been made about alleged unethical acts by members of the IMA who prescribe highly expensive medicines and line of treatment. The bench also ordered impleading the National Medical Commission (NMC) as a respondent in the matter for effective assistance to the court.

The court passed the order after Yoga guru Ramdev and his aide Balkrishna of Patanjali Ayurved Ltd. told a bench of Justices Hima Kohli and Ahsanuddin Amanullah that they have issued unqualified public apology in as many as 67 newspapers over misleading advertisements and are willing to issue additional advertisements expressing their contrition.

The bench said the public apology published in newspapers were not on record and asked those to be filed within two days. It posted the matter for April 30 for further consideration.