The Allahabad High Court has called upon the Central government to respond to a petition concerning the endorsement of harmful products by Padma awardees
Justice Rajeev Singh has requested a compliance affidavit detailing the investigation into advertisements that allegedly breach consumer rights. The matter is set to be heard again on August 20. [Moti Lal Yadav v. Cabinet Secretary, Government of India and Others]
Plea Highlights and Court Actions
The petition, filed by lawyer Moti Lal Yadav, alleges that various Padma awardees, including those holding titles like Padma Vibhushan and Padma Shri, are endorsing tobacco products in violation of the Prohibition of Advertisement and Regulation of Trade and Commerce (Production, Supply and Distribution) Amendment Act. The petition specifically names Bollywood celebrities such as Amitabh Bachchan, Shah Rukh Khan, Akshay Kumar, Ajay Devgn, Saif Ali Khan, and Ranvir Singh, as well as executives from companies like Vimal Gutkha, Kamla Pasand Pan Masala, and Pan Bahar.
Yadav proposed that guidelines be established to revoke awards from individuals found endorsing harmful products. Additionally, he suggested that those endorsers be required to deposit their earnings from such advertisements, along with an equal amount, into a government relief fund.
Previous Court Orders and Allegations of Non-Compliance
Previously, the High Court had dismissed the plea but allowed Yadav to make a representation to the relevant authorities to request the creation of guidelines. The petitioner was also advised to use statutory mechanisms under the Consumer Protection Act, 2019 to address issues of consumer rights violations and unfair trade practices.
Claiming that the authorities failed to comply with this order, Yadav sought contempt action against the Central government. He reported that he submitted a representation to the Cabinet Secretary and the Chief Commissioner of the Central Consumer Protection Authority (CCPA) in October 2022. On September 12, 2023, the CCPA indicated that an investigation into the alleged misleading advertisements was underway and that action would be taken if the allegations were substantiated.
However, Yadav contended that no tangible action has been taken since the September 2023 order. He also noted that while the CCPA had issued Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, no specific guidelines have been established for cases involving prominent figures endorsing tobacco products.
Court’s Request and Future Proceedings
The Court has directed the Central government to file a detailed reply outlining the actions taken in response to the September 12, 2023 order. Yadav appeared in person, while Advocate Ambrish Rai represented the Cabinet Secretary and Deputy Solicitor General SB Pandey appeared for the Central government. The case will be revisited on August 20 for further proceedings.
(With inputs from agency)
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