New Delhi: The Supreme Court today, Tuesday, February 27, put a complete ban on Patanjali Ayurved from advertising its products and cautioned the firm from making any statements to media. A bench of Justices Hima Kohli and A Amanullah issued a notice to Patanjali Ayurved and its managing director, Acharya Balakrishnan, asking why contempt proceedings should not be initiated against them.
“The entire country is taken for a ride! You wait for two years when the Acts says this (misleading advertisements) is prohibited,” Justice Ahsanuddin Amanullah told Additional Solicitor General KM Nataraj, and ordered the Centre to file an affidavit explaining the steps it has taken to ensure compliance.
The apex court had, in November 2023, had warned Patanjali that it would be fined Rs 1 crore if a false claim is made that its products can “cure” certain diseases. During the hearing today, Justices Hima Kohli and A Amanullah criticised Patanjali Ayurved for releasing advertisements despite previous court orders issued last year. While referring to their previous warning to Patanjali, the bench said, “Despite our warning, you are saying your products are better than chemical-based medicines.”
The bench decided to issue notices for contempt of court orders to the two people featured in the advertisements, Baba Ramdev and Acharya Balakrishnan.
The Supreme Court (SC) also sharply reprimanded the union government on Tuesday, in connection with the Patanjali Ayurved “misleading and false” advertisement case, urging the Centre representatives to address the issue of deceptive medical advertisements. Expressing displeasure and dissatisfaction, the top court remarked, “The government is sitting with its eyes closed,” highlighting the need for prompt action in tackling misleading advertising practices.
On August 23, 2022, the Supreme Court issued notices to the Union Health Ministry, Ministry of Ayush, and Patanjali Ayurved following a plea by the Indian Medical Association (IMA). The IMA alleged a smear campaign by Ramdev, the founder of Patanjali, against both the vaccination drive and modern medicine(s).
Coming down sharply on Patanjali today, Justice Ahsanuddin Amanullah said, “You had the courage and guts to come up with this advertisement after the order of this Court! And then you come up with this advertisement. Permanent relief, what do you mean by permanent relief? Is it a cure? We are going to pass a very, very strict order.”
The court issued the ban order while hearing a plea of the Indian Medical Association (IMA), alleging a smear campaign by Ramdev, founder of Patanjali, against the vaccination drive and modern medicines.
On November 21 last year, the counsel representing the company had assured the apex court that henceforth there shall not be any violation of law, especially relating to advertising or branding of products, and no casual statements claiming medicinal efficacy of Patanjali products or against any system of medicine will be released to the media in any form.
The apex court had then cautioned the company, co-founded by Ramdev and dealing in herbal products, against making “false” and “misleading” claims in advertisements about its medicines as cure of several diseases.
“All such false and misleading advertisements of Patanjali Ayurved have to stop immediately. The Court will take any such infraction very seriously, and the Court will also consider imposing costs to the extent of Rs. 1 crores on every product regarding which a false claim is made that it can “cure” a particular disease,” Justice Amanullah orally said.
Senior advocate PS Patwalia, representing the Indian Medical Association, highlighted a press conference held by Baba Ramdev. He said that Patanjali Ayurved had published advertisements in violation of the law, claiming to cure various ailments, including diabetes and asthma.
The advocate also mentioned a defamation case filed by Patanjali Ayurved against the Advertising Council.
On this, the top court stated that there can’t be any defence of advertisements showing cures for illnesses including diabetes and blood pressure. “What do you mean by permanent relief to the diseases? It means only two things – either death or cure,” the SC said, asking Patanjali Ayurved to show how they discharged their duties to tackle misleading advertisements.
During today’s brief hearing, the bench directed Patanjali Ayurved to refrain from publishing misleading claims and advertisements against modern medical systems.
Furthermore, the court also hinted at the possibility of imposing hefty fines, suggesting a penalty of Rs 1 crore for each product promoting false claims of curing specific diseases.
The Supreme Court again reiterated its call for the Centre to devise a solution to the pervasive issue of misleading medical advertisements. It specifically highlighted concerns about claims made by certain medications to provide a complete cure for various ailments.
The ongoing legal battle shows the importance of ensuring accuracy and transparency in advertising practices, particularly in the healthcare sector, to safeguard public health and prevent misinformation. This matter became especially important following the coronavirus pandemic.
The IMA Writ Petition
The writ petition was filed by the IMA, raising concerns over what the association terms as a “continuous, systematic, and unabated spread of misinformation” regarding allopathy and the modern system of medicine. The petition has also asserted that Patanjali’s misleading advertisements disparage allopathy and make false claims about curing certain diseases. The plea referred to a half-page advertisement published on July 10, 2022, titled “MISCONCEPTIONS SPREAD BY ALLOPATHY: SAVE
The IMA, therefore, contended that while every commercial entity has the right to promote its products, the unverified claims made by Patanjali are in direct violation of laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019.
Moreover, the writ petition also highlighted previous instances where Swami Ramdev, associated with Patanjali, made controversial statements, including calling allopathy a “stupid and bankrupt science” and making unfounded claims about the deaths of people due to allopathic medicines during the second wave of the COVID-19 pandemic.
The IMA also accused Patanjali of spreading false rumours about COVID-19 vaccines and contributing to vaccine hesitancy. Swami Ramdev’s alleged dismissal, mockery and derision of citizens searching for oxygen cylinders during the second wave are also cited in the petition. The petition emphasized that despite the Ministry of AYUSH signing a Memorandum of Understanding (MoU) with the ASCI for monitoring misleading advertisements of AYUSH drugs, Patanjali has continued its alleged disregard for the law, violating the mandate with impunity. It may be noted that during the earlier proceedings, the Court clarified that it did not wish to make the issue an “Allopathy v. Ayurveda” debate but wanted to find a real solution to the problem of misleading medical advertisements.
(With inputs from PTI, Siasat, Business Today, Business Standard and LiveLaw)
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