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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.
Initiatives to combat misleading advertisements
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