Patanjali Faces Supreme Court Wrath Over Misleading Advertisements
In a recent development, the Supreme Court, on Tuesday, rebuked Patanjali Ayurved for persistently disseminating misleading advertisements related to medicinal cures. Despite assuring the Court in November of the previous year that no such statements would be made, the company now finds itself in hot water.
The Court, led by Justices Hima Kohli and Ahsanuddin Amanullah, issued a notice to Patanjali Ayurved and its Managing Director, Acharya Balakrishna, demanding an explanation for potential contempt of court. Observing a violation of their earlier undertaking, the Court has temporarily restrained Patanjali Ayurved from advertising products targeting specified diseases or disorders under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.
Contempt Proceedings Initiated
The Indian Medical Association (IMA) initiated the legal battle, accusing Patanjali Ayurved of running a “smear campaign” against the vaccination drive and modern medicines. The Court also sought clarification from the Union Government on actions taken under the mentioned Act regarding Patanjali’s advertisements.
Justice Amanullah expressed frustration, stating, “The entire country is taken for a ride!” The Court emphasized that misleading advertisements are prohibited, and the Union was asked to file an affidavit detailing the steps taken against such ads.
Patanjali’s Bold Move Sparks Outrage
During the proceedings, Patanjali Ayurved faced severe criticism for airing yet another misleading advertisement even after the Court’s previous order. Justice Amanullah condemned the audacity, stating, “You had the courage and guts to come up with this advertisement after the order of this Court! You are tempting the Court.”
Senior Advocate PS Patwalia, representing the IMA, highlighted Patanjali’s immediate violation after the November 2023 order. The company held a press conference making misleading claims about permanent cures for various ailments. The Court questioned Patanjali Ayurved’s counsel on the audacious claims and reminded them of the previous order restraining comments against other medicinal systems.
Prima Facie Flouting
Justice Amanullah asserted a prima facie flouting of the Supreme Court’s order and recommended issuing notices to Baba Ramdev and Acharya Balakrishna. Despite Patanjali’s defense citing Baba Ramdev’s status as a sanyasi, the Court remained resolute in addressing the violation.
The Court contemplated a complete advertisement ban but later specified the ban to products related to diseases specified under the Act. This decision came after considering the commercial impact on the company’s diverse product range.
Background and Legal Battle
The legal battle began when the IMA filed a petition, expressing concerns about the continuous spread of misinformation disparaging allopathy by Patanjali. Previous instances, including controversial statements by Swami Ramdev, were cited, and the Court had issued warnings and reprimands in November 2023.
The IMA accused Patanjali of violating laws and contributing to vaccine hesitancy during the COVID-19 pandemic. Despite previous warnings and assurances, Patanjali’s alleged disregard for laws and continuous spread of misleading information has put them at the center of a legal storm.
The Supreme Court has set the next hearing for two weeks from now, maintaining a strict stance against misleading advertisements in the medical domain. Patanjali Ayurved, once again, finds itself under intense scrutiny for its advertising practices, with the Court determined to enforce compliance with its orders.
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.
Case Title : INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 – / 2022
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