Supreme Court’s view on false advertisement

Source: The post Supreme Court’s view on false advertisement has been created, based on the article “Courting action: Courts should deal firmly with violators of existing food safety regulations” published in “The Hindu” on 26th April 2024.

UPSC Syllabus Topic: GS Paper 2-Polity-Judiciary

News: The article discusses a Supreme Court case in India where Patanjali Ayurved and other companies are being criticized for false advertising about their products’ health benefits. The court is also questioning why government agencies haven’t stopped these misleading ads.

What is the Supreme Court’s view on false advertisement?

The Supreme Court is critical of false advertising, especially by companies like Patanjali Ayurved, which claimed their products could cure diseases like COVID-19 and diabetes without scientific backing.

The court has expanded its scrutiny to include other companies, such as Nestlé, after finding disparities like higher sugar content in baby formulas sold in India compared to Europe.

It has demanded apologies from companies for misleading advertisements and expressed frustration over the lack of government action in regulating such ads.

The court emphasizes that enforcing advertisement regulations should not fall to the judiciary but to designated regulatory bodies and the government.

What are the broader issues related to false advertisements?

Government Inaction: Regulatory bodies like the Food Safety and Standards Authority of India and the Ministry of AYUSH have not effectively stopped misleading ads, even when flagged by entities like the Advertising Standards Council of India.

Public Health Concerns: Misleading ads contribute to non-communicable diseases by promoting products with unhealthy ingredients under the guise of health benefits.

Legal Challenges: Individuals and professionals who try to expose these false claims face legal threats, highlighting the lack of protection for whistleblowers against powerful corporate interests.

Question for practice:

Discuss the Supreme Court’s stance on false advertising in India.