The case arises from concerns about the rising number of misleading advertisements, particularly those involving health and food products, which exploit consumers’ lack of knowledge. Despite existing frameworks like the Consumer Protection Act, 1986, and the Guidelines, 2022, the Court found these measures inadequate. Public complaints about deceptive endorsements by celebrities and corporations catalyzed the Indian Medical Association to file a petition seeking judicial intervention.
The Court highlighted systemic gaps, such as the lack of a robust grievance redressal mechanism, insufficient action by regulatory bodies like FSSAI, and procedural delays in notifying critical amendments. In response, the Court set out guidelines for accountability, expanding the scope of consumer rights and regulatory obligations under Article 32.
a) Ratio Decidendi
- Misleading advertisements directly affect the fundamental right to health, which includes informed consumer choices.
- Endorsers, advertisers, and manufacturers are equally responsible for ensuring truthful promotions under Guidelines, 2022.
b) Obiter Dicta
- Public figures must ensure due diligence and authenticity before endorsing any product.
- Regulatory authorities need to act decisively and transparently in redressing consumer grievances.
c) Guidelines Issued
- Mandatory Self-Declarations: Advertisers must upload self-declarations on the Ministry’s portal before airing advertisements.
- Strengthening Regulatory Oversight: Ministries must file affidavits detailing actions taken against misleading advertisements since 2018.
- Transparency in Grievance Redressal: FSSAI and other bodies must publish reports on complaints and actions taken.
- Strict Accountability: Violations of the Advertisement Code will attract penalties under relevant statutes.
[Indian Medical Assn. v. Union of India, (2024) 8 SCC 46]
CASE COMMENT :
The judgment strengthens consumer protection by mandating accountability for misleading advertisements. It integrates statutory duties with constitutional guarantees, ensuring transparent redressal mechanisms and proactive regulatory measures. The Court’s intervention sets a precedent for rigorous enforcement of consumer rights. Slew of measures directed by Supreme Court to protect consumers from misleading advertisements. Directions included equal responsibility of advertisers and endorsers qua misleading ads and uploading of a self-declaration form by advertisers before issuing any advertisements
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