This ruling was a part of the ongoing case Indian Medical Association & Anr v. Union of India and Ors (2022).

• Ayush Ministry’s notification omitted rule 170 of the Drugs and Cosmetics Rules, 1945 that prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs.
• Earlier, SC in May, 2024 issued orders to discourage misleading advertising including provisions like self-declaration by advertisers.

Misleading advertising

It is any published claim that gives a consumer an incorrect understanding of the product or service.

Issues with Misleading Advertisements

• Violation of consumer’s right to information and choice.
• Potential health risks: Misleading claims, especially related to medicines, pose health hazards.

Ethical perspective

• Profitability vs. efficacy: Lack of ethical considerations in advertisements to fulfill economic considerations.
• Lack of transparency: Overstating benefits, downplaying risks, making unsupported claims etc.
• Social influence: Long-term impact on people’s perception about advertised products.
• Breach of public trust: Misinformation influences consumer behavior, impacting conscious decision-making.

Way Forward

• Encouraging full disclosures through self-declaration.
• Effective regulatory oversight and stringent implementation of law.