Misleading Ads row: Patanjali MD Acharya Balkrishna tenders unqualified apology

New Delhi: Amid the ongoing row over the misleading advertisements about medicinal cures by Patanjali Ayurved, Managing Director Acharya Balkrishna recently tendered an unqualified apology before the Supreme Court a day after Baba Ramdev and he was directed to appear personally before it.

Submitting an affidavit in response to the contempt notice, Balkrishna explained that the advertisement in question was meant only to contain general statements, but it accidentally included offensive sentences. 

It added that the advertisement was bona-fide and that the media personnel was not “cognizant” of the November 21st, 2023 order where the apex court cautioned the company against making "false" and "misleading" claims in advertisements about its medicines as cure of several diseases.

Also read- Misleading Advertisement Case: SC Summons Baba Ramdev, MD Balkrishna For Failing To Reply To Show-Cause Notice

“The same was bona-fide and added in routine course by the media department of the…Company”, he said adding “the personnel of the media department of the…Company were not cognizant of the order dated 21.11.2023.”

Further, it adds, “The Deponent on behalf of Respondent No. 5 (Patanjali Ayurved) submits an unqualified apology before this Hon’ble Court for the breach of the statement recorded in Para 3 of the order dated 21.11.2023,” the affidavit said. Balkrishna also sought to assure the court that he “will ensure that such advertisements are not issued in the future”.

This comes after the Supreme Court issued a contempt notice to Baba Ramdev (Co-founder of Patanjali) and summoned him along with its Managing Director Acharya Balkrishna to appear in court in the next hearing.

Medical Dialogues team had recently reported that the court issued the directive while hearing the case, as the firm did not comply with a contempt notice related to Patanjali's breach of commitment to stop publishing misleading advertisements about medicinal cures.

Earlier, the Supreme Court slammed the Ayurveda organization and issued a contempt notice to Patanjali Ayurved and its Managing Director Acharya Balkrishna.

The IMA filed a plea seeking to put a stop to the "smear campaign" and negative advertisements by Patanjali against 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.

Assuring the court that such advertisements will not be issued in the future, Balkrishna said, “By way of clarification, not as a defense, the Deponent begs to submit that its intention is only to exhort the citizens of this country to lead a healthier life by consuming products of the Respondent No. 5 including products for lifestyle ailments through the use age-old literature and materials supplementing and backed by ayurvedic research.”

Furthermore, he said in his affidavit as reported by The Indian Express, “The Schedule J of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955 is in an archaic state and the last changes were introduced in 1996…"

"The Drugs & Cosmetics Act, 1940, was passed when scientific evidence in Ayurveda research were lacking. Respondent No. 5 Company now possess evidence-based scientific data with clinical research conducted in Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases mentioned in the said schedule”.

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 had 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 court 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.

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 a Rs 1 crore penalty if it does not put a halt to such practices in future.

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.

Feeling regretful, Balkrishna in his affidavit said, "His only quest is for a better and healthier life for each and every citizen and to reduce the burden on the country's healthcare infrastructure by providing holistic, evidence-based solutions for lifestyle-related medical complications through the usage of the age-old traditional approach of Ayurveda and Yoga”.

“In fact, the idea was to promote the ayurvedic products which are based on age-old literature/material backed by scientific research,” it added.

However taking note of the affidavit of Balkrishna, the court has scheduled the next hearing on April 2.

Also read- Patanajali Defends Its Ads, Says Not Making Any False Advertisements Or Propaganda