Allahabad High Court seeks Centre's response on plea for action against Padma awardees endorsing harmful products

The Allahabad High Court recently sought the response of the Central government to a plea concerning the endorsement of products harmful to health by Padma awardees. [Moti Lal Yadav v. Cabinet Secy Central Secrtt. Govt. Of India, New Delhi and Anr].Justice Rajeev Singh sought a compliance affidavit on the investigation into advertisements violating consumer rights and listed the matter for hearing on August 20..In 2022, lawyer Moti Lal Yadav had moved a public interest litigation (PIL) stating that several holders of national awards like Padma Vibhushan, Padma Shri, National Filmfare Awards etc, were endorsing tobacco products in violation of the Prohibition of Advertisement and Regulation of Trade and Commerce (Production, Supply and Distribution) Amendment Act.The plea named several Bollywood actors including Amitabh Bachchan, Shah Rukh Khan, Akshay Kumar, Ajay Devgan, Saif Ali Khan and Ranvir Singh as well as the managing directors of paan and gutka companies such as Vimal Gutkha, Kamla Pasand Pan Masala and Pan Bahar products.He suggested that guidelines be framed for the revocation of awards if an awardee is found to be conducting himself inappropriately.He also sought that these individuals be required to deposit the total amount earned from such advertisements, as well as an equal amount into a government relief fund..The High Court had previously disposed of the plea after granting the applicant liberty to make a representation before the competent authority to request the framing of guidelines.It had also noted that the petitioner could use the statutory mechanisms under the Consumer Protection Act, 2019 to address grievances related to consumer rights violations, unfair trade practices or false advertisements.Alleging non-compliance with this order, the petitioner moved the High court seeking contempt of court action against the Central government..He informed the Court that he submitted a representation to the Cabinet Secretary, Government of India and the Chief Commissioner of the Central Consumer Protection Authority (CCPA) in October 2022. On September 12, 2023, the CCPA told him that an investigation into advertisements violating consumer rights has begun. It was also stated that action against the endorsers will be taken if the allegations are confirmed..However, the petitioner submitted that till now, no action has been taken in pursuance of the September 2023 order. He also submitted that though the CCPA had already notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, no guidelines have been framed for dealing with cases related to prominent persons of the country endorsing tobacco products.The Court thus asked the Central government to file a reply setting out the action taken following the order of September 12, 2023. .Yadav appeared in-person.Advocate Ambrish Rai appeared for the Cabinet Secretary.Deputy Solicitor General SB Pandey appeared for the Central government..[Read Order]