The Allahabad High Court's Lucknow Bench has directed the Central Government to make all relevant policies and guidelines for preventing misleading advertisements and endorsements publicly accessible on official websites.

This directive was issued by Justice Rajeev Singh in response to a contempt application filed by practicing lawyer Moti Lal Yadav under Section 12 of the Contempt of Courts Act. Yadav alleged that central government officers had willfully disobeyed a previous court order from September 22, 2022, regarding the endorsement of tobacco products by national awardees.

In a 2022 PIL, Yadav contended that prominent individuals, including Padma Vibhushan and Padma Shri recipients, continued to endorse tobacco products, in violation of the Prohibition of Advertisement and Regulation of Trade and Commerce (Production, Supply, and Distribution) Amendment Act, 2020.

The division bench had instructed Yadav to approach the relevant authorities for framing guidelines and to use the Consumer Protection Act, 2019, to address grievances related to misleading advertisements. Despite these directives, Yadav claimed no substantial action had been taken. He informed the court that he had submitted a representation to the Central Consumer Protection Authority (CCPA) on October 15, 2022.

On September 12, 2023, Jasbir Tiwari, Under Secretary of the CCPA, acknowledged the initiation of an investigation, stating that endorsers would face penalties if found guilty. However, Yadav argued that there had been no significant follow-up action.

Yadav further alleged that while the CCPA had notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, no specific guidelines had been framed for dealing with cases involving high-profile individuals endorsing tobacco products.

In light of these concerns, the high court has requested an affidavit of compliance and an action taken report in accordance with the September 12, 2023 order by Jasbir Tiwari. The next hearing is scheduled for August 20, 2024.

Case Title: Moti Lal Yadav v. Sri Rajiv Gowba, Cabinet Secretary, Central Secretariat, Government of India, New Delhi and Another