NEW DELHI, March 26: The Supreme Court of India has directed state governments to enforce the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act), with a one-month deadline to appoint gazetted officers to crack down on misleading health ads. This comes after the Court called out the lack of implementation of the 70-year-old law and emphasized its importance in protecting the public from harmful medical claims and miracle cures.
The Court issued these sweeping directives following a petition by the Indian Medical Association, which raised concerns about the dangers of false advertisements. Justice Abhay Oka and Justice Ujjal Bhuyan, presiding over the case, acknowledged the risks posed by such misleading advertisements, noting that they can cause great harm to society and vulnerable individuals.
In its order, the Court instructed state governments to appoint gazetted officers under Section 8 of the DMR Act, who will be responsible for conducting searches, seizing misleading advertisements, and initiating legal action against violators. States were given a one-month deadline to ensure the appointment of these officers.
The Court further directed police forces to be trained through police academies to recognize and act against violations of the 1954 Act. States were also required to set up a grievance redressal mechanism, including toll-free numbers or email services, to allow the public to report misleading health advertisements. This mechanism must be widely publicized to ensure that citizens are aware of their rights to report fraudulent claims.
In addition to this, the Court ordered the National Legal Services Authority and other legal bodies to educate the public about the dangers of deceptive medical advertisements through awareness programs and legal camps. The Court also reminded states of a previous directive in July 2024 to submit affidavits on the enforcement of the DMR Act, with a final deadline for compliance set for April 2025.
The Supreme Court also clarified that the liability for misleading health ads extends beyond advertisers, holding responsible those who design and publish such advertisements. This includes media ads, television promotions, oral announcements, and light and sound representations. The Union government informed the Court that it is in the process of developing a dashboard to track actions against misleading advertisements, with a three-month deadline for its completion.
By June 2025, all states and the Union government must submit reports on their compliance with the Court’s directives.
Under the DMR Act, Section 3 bans ads related to the procurement of miscarriage, preventing conception, enhancing sexual pleasure, correcting menstrual disorders, and curing serious diseases such as cancer, diabetes, and cataracts. Section 4 prohibits misleading drug advertisements, while Section 5 bans magic remedies. Section 6 also prohibits the import of objectionable advertisements into the country.
