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Synopsis

The Allahabad High Court, Lucknow Bench, has asked for Central Government's all relevant policies and guidelines to prevent misleading advertisements and endorsements to be made publicly accessible on official websites.

The order was passed by the bench of Justice Rajeev Singh in a contempt application filed by Moti Lal Yadav, a practicing lawyer, under Section 12 of the Contempt of Courts Act. He claimed willful disobedience of a previous court order dated September 22, 2022 by the central government officers. The order pertained to the endorsement of tobacco products by national awardees.

Adv Yadav, in a PIL filed in 2022, argued that high-profile individuals, including Padma Vibhushan and Padma Shri recipients, continue to endorse tobacco products. This, he said, violated the Prohibition of Advertisement and Regulation of Trade and Commerce (Production, Supply, and Distribution) Amendment Act, 2020.

In the PIL, a division bench on September 22, 2022, directed Yadav to approach the competent authorities for framing guidelines. He was also asked to take recourse to the statutory mechanism provided under the Consumer Protection Act, 2019, for addressing grievances related to misleading advertisements.

Despite these directions, Yadav claimed no substantial action had been taken. He apprised the court that he submitted a representation to the Central Consumer Protection Authority (CCPA) on October 15, 2022. In response, Jasbir Tiwari, Under Secretary of the CCPA, acknowledged on September 12, 2023, that an investigation had been initiated. He mentioned that endorsers would face penalties if found guilty. However, Yadav argued that there had been no significant follow-up action.

Furthermore, he alleged that though in relation to the preparation of guidelines for prevention of misleading advertisements and endorsements, the Central Consumer Protection Authority has notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, but no guidelines have been framed for dealing the cases related to the prominent persons of the country, who are holders of several awards and are doing the advertisement of tobacco, etc.

Taking note of the same, the high court sought an affidavit of compliance and an action taken report in consonance with the order dated September 12, 2023, passed by Jasbir Tiwari, Under Secretary of the CCPA to be placed before it by the next date of hearing.

The high court has now scheduled a hearing for August 20, 2024.

Case Title: Moti Lal Yadav v. Sri Rajiv Gowba, Cabinet Secy. Central Secrtt. Govt. Of India, New Delhi And Another