False cure claims may incur Rs 1 crore penalty, SC slams Patanjali Ayurved over misleading ads against modern medicine
New Delhi: The Supreme Court has 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.
A bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra issued a stern warning to Patanjali Ayurved, co-founded by Baba Ramdev, directing the company to cease all false and misleading advertisements immediately.
This reprimand came during the court's consideration of a petition filed by the Indian Medical Association (IMA) regarding misleading ads. IMA has filed a writ petition raising concerns over what they term a "continuous, systematic, and unabated spread of misinformation" regarding allopathy and the modern system of medicine.
The IMA's petition highlighted concerns about the consistent spread of misinformation disparaging allopathy and making false claims about curing certain diseases in Patanjali's advertisements.
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 Swami 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.
The Court explicitly directed Patanjali Ayurved to halt any future misleading advertisements and refrain from making casual statements in the press. During the hearing, the bench emphasized its intent to resolve the issue of misleading medical advertisements rather than escalate it into a debate between allopathy and ayurveda.
Justice Amanullah, further conveyed that the Court would view such infractions seriously, contemplating imposing costs of Rs 1 crore on every product for making false claims of curing diseases. Live Law quoted Justice Amanullah stating orally;
"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."
Asserting its seriousness in addressing the matter, the bench urged the Additional Solicitor General of India, KM Nataraj, to work towards finding a pragmatic solution. The Union Government was tasked with providing suitable recommendations after consultations.
Previously, the Court had issued a notice on the IMA's petition and had rebuked Baba Ramdev for criticizing modern medicine systems like allopathy.
The case is scheduled for further consideration on February 5, 2024, reports Live Law.
Order yet to be released, more details to follow.
