Objectionable and unethical advertisements can be restricted

Objectionable and unethical advertisements can be restricted for the purpose of discouraging self medication

..It has not been shown in the present case that
under the guise of protecting public interest the Act
arbitrarily interferes with private business or
imposes unreasonable restrictions. If the true
intention of the Act is, as indeed it is, to stop
objectionable and unethical advertisements for the
purpose of discouraging self medication
no question
of unreasonable restrictions arises.”
(underline added)

Thus, the Apex Court in the case of Hamdard Dawakhana (supra)
expressly held that the restriction imposed by the said Act of 1954 on
advertising was a reasonable restriction considering the object of the
Act of discouraging self medication.IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8450 OF 2012
GMT Teleshopping Private Limited. .. Petitioner
Vs
Union of India and Others. .. Respondents

CORAM : A.S. OKA & MRS.MRIDULA BHATKAR, JJ

DATE ON WHICH JUDGMENT IS PRONOUNCED: 15TH APRIL 2013
JUDGMENT ( PER A.S. OKA, J )

https://www.lawweb.in/2013/09/objectionable-and-unethical.html

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1 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 21 September 2013

Indian Manufactures spend 25% to 30% on advertisement to sell their products whether it is unethical medicinal or any consumer product and the Parliament of India must make law to regulate on Advertisement of consumer or Medicinal products so that consumers are protected and benefited that price of product will be less. Consumers should not be misled by extensive advertisement s which forces them buy products without knowing quality of product and consumers must be beware purchasing extensively advertised products.( Manufactured Goods ).