Misleading Ads Claiming Medicinal Cure: Supreme Court Slaps Contempt Notice on Patanjali

New Delhi: Taking note of the fact that Patanjali Ayurved has been continuing to publish misleading advertisements regarding medicinal cures, the Supreme Court today slammed the Ayurveda organization and issued a contempt notice to Patanjali Ayurved and its Managing Director Acharya Balakrishna.

Even though last year in November, Patanjali had assured the top court bench that no such statements would be made, the practice continued. The Apex Court bench prima facie observed that the company has violated the undertaking and asked the company and its Managing Director to show cause why action should not be taken against them for the contempt of the court.

While considering the plea filed by the Indian Medical Association (IMA), the Supreme Court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah also restrained the Ayurveda company from advertising or branding its products which are meant to address the diseases/disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.

Further, the bench issued a warning to Patanjali Ayurved from making any statement adverse to any system of medicine. The matter has been listed for further hearing after two weeks.

Also Read: SC Slams Ramdev over plea by IMA, says he shouldn't criticize other systems of medicine

Filing the plea, IMA had sought to put a stop to the "smear campaign" and negative advertisements by Patanjali against the modern medicines and especially the vaccination drive during the pandemic.

The plea specifically referred to an advertisement titled "MISCONCEPTIONS SPREAD BY ALLOPATHY: SAVE YOURSELF AND THE COUNTRY FROM THE MISCONCEPTIONS SPREAD BY PHARMA AND MEDICAL INDUSTRY," published on July 10, 2022. The IMA alleged that Patanjali's advertisements violated laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019, by making unverified claims.

Moreover, the petition highlighted Ramdev's previous controversial remarks, including denigrating allopathy as a "stupid and bankrupt science" and spreading false information about deaths due to allopathic medicines during the COVID-19 second wave. Patanjali was also accused of contributing to vaccine hesitancy and belittling citizens seeking oxygen cylinders during the pandemic's peak.

Despite a Memorandum of Understanding between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI) aimed at monitoring misleading advertisements of AYUSH drugs, Patanjali continued allegedly violating laws with impunity, the petition added.

Medical Dialogues had earlier reported that the Supreme Court on August 23, 2022 had issued notices to the Union Health Ministry and Ministry of Ayush and Patanjali Ayurved Ltd in respect of the plea by IMA.

Last year in November, the Apex Court pulled up Patanjali Ayurved for persistently disseminating misleading claims and advertisements against modern medical systems, and warned of Rs 1 crore penalty if it does not put a halt to such practices in future.

"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," the bench had mentioned.

Also Read: Patanajali defends its ads, says not making any false advertisements or propaganda

Following this, the counsel for Patanjali had assured that they would not publish any such advertisements in future and they would also make sure that the casual statements are not made in the media. Previously, the top court bench had recorded the undertaking in its order.

As per the latest media report by Live Law, during the hearing of the case today, the bench asked the Union Government what action has been taken regarding the Patanjali advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.

Taking note of the situation, Justice Amanullah told Additional Solicitor General K M Nataraj, "The entire country is taken for a ride! You wait for two years when the Acts says this(misleading advertisements) is prohibited."

While agreeing that such misleading ads cannot be accepted, the counsel for the Union Government submitted that it is for the concerned States to take action under the Act. The bench has asked the Union to file an affidavit explaining the steps it has taken.

During the morning session of the hearing, the bench slammed Patanjali for yet another advertisement containing misleading claims. "Today, I am going to pass really strict order. You flout this order!" noted Justice Amanullah.

"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. You are tempting the Court," further observed the bench.

Live Law adds that the matter was again taken at 2 Pm when the counsel for IMA, Senior Advocate PS Patwalia informed that after the Supreme Court passed the order on November 21, 2023, the very next day Baba Ramdev and Acharya Balakrishna of Patanjali called a Press Conference and made misleading claims once again.

The counsel for IMA further referred to the advertisements that were published with a claim that Patanjali Ayurved has permanent cures for diabetes, blood pressure, asthma, arthritis, glaucoma etc. He referred to News reports and also YouTube links of the press conference. It was highlighted by the IMA counsel that many of these ailments mentioned in the advertisement are specifically listed in the Schedule to the Drugs and Magic Remedies (Objectionable Advertisements) Act.

Taking note of this, the Supreme Court bench questioned the Patanjali counsel Senior Advocate Vipin Sanghi, "How can you claim permanent relief?"

Further, the bench questioned the Patanjali's counsel regarding the statements made by the company regarding other systems of medicines like Allopathy and also pointed out that in its previous order, the court had restrained comments by Patanjali against other medicinal systems.

Observing that there was prima facie flouting of the Supreme Court's order, Justice Amanullah opined that notices should be issued to Baba Ramdev and Acharya Balakrishna whose pictures were shown in the advertisements.

At this outset, Patanjali counsel argued, "So far, Baba Ramdev is concerned, he is a sanyasi."

"We are not bothered by that, by who he is...there is a prima facie flouting," noted Justice Amanullah. Meanwhile, the counsel for IMA described the Patanjali counsel's statement as "outrageous".

"They were aware of the order and prima facie they are flouting it," noted Justice Kohli at this outset.

While the Court was proposing to place a complete ban on advertisements, the counsel for Patanjali said that the company manufactures products like toothpaste also and a complete ban will affect its commercial operations.

Taking note of this, the bench clarified that the ban on advertisements would be applied to products related to diseases specified under the Act. 

The Court, passed an interim order imposing a ban on advertisements of Patanjali Ayurved's medicines, therefore, ordered that Patanjali cannot advertise or market any of their medicinal products which they claim would treat ailments specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act, adds Bar and Bench

Also Read: False cure claims may incur Rs 1 crore penalty, SC slams Patanjali Ayurved over misleading ads against modern medicine