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HIMA KOHLI, AHSANUDDIN AMANULLAH
Indian Medical Association – Appellant
Versus
Union Of India – Respondent
ORDER :
1. Mr. Mukul Rohatgi, learned Senior counsel appearing for the proposed contemnors submits that some advertisements tendering unqualified apologies have been published in the press by the proposed contemnors for the lapses on their part, only yesterday. It is submitted that the same have been collated and shall be filed during the course of the day with copies furnished to learned counsel for the parties.
2. Needful shall be done within two days.
3. It is further stated that additional advertisements shall be published by the proposed contemnors tendering an unqualified apology for the lapses on their part within this week. As and when the said advertisements are issued and copies filed, the same shall be considered and appropriate orders passed.
4. List on 30th April, 2024, at the top of the Board. The proposed contemnors shall continue to remain present on the next date of hearing.
5. We are of the opinion that the issue relating to implementation of the relevant provisions of the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 and the Rules, Drugs and Cosmetics Act, 1940 and the Rules and the Consumers Protection Act, 1986 and the Rules, need a closer examina
The court emphasized accountability for misleading advertisements affecting public health and directed ministries to examine their enforcement actions.
Advertisers and endorsers are legally responsible for ensuring that their advertisements comply with established laws and guidelines, and a self-declaration process is necessary to uphold consumer ri....
Point of Law : There is a blatant violation of the provisions of Rule 1945 and Act 1954. Rule 170 prohibits the advertisement of Ayurvedic, Sidda or Unani drugs without permission. Moreover Rule 170(....
Drugs Inspectors under Section 8 of 1954 Act lack statutory power to file direct complaints; must forward to police for FIR as per Supreme Court directions; existing complaints quashed for procedural....
The court emphasized that the products did not fall within the definition of a drug and were sold as food items certified by FSSAI, thus the provisions of the Magic Remedies Act of 1954 do not apply.
Claims in advertisements concerning health benefits must be scientifically substantiated, failing which they risk being deemed misleading under advertising standards.
(1) Contempt of Court – Power of contempt ought to be exercised with caution, care and sparingly – Contempt proceedings are sui generis inasmuch as Law of Evidence and Code of Criminal Procedure, 197....
Proceedings under the Drugs and Cosmetics Act can be quashed if the company involved is not named as an accused and procedural compliance is not met.
Directors are liable under the Drugs and Cosmetics Act for the conduct of the company's business, and summoning orders require only a prima facie case without extensive procedural scrutiny.
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