Manas Dasgupta
NEW DELHI, Feb 27: Making harsh comments against the Patanjali Ayurved, co-owned by the noted Yoga guru Baba Ramdev, and the Central government, the Supreme Court on Tuesday issued a contempt notice to the company for issuing misleading advertisements.
The notice was issued to the Patanjali Ayurveda managing director, Acharya Balkrishna, a close aide of Baba Ramdev, for allegedly flouting an undertaking given to the court not to advertise its drugs and to desist from making “casual statements” against “any system of medicine.”
It has also pulled up the Centre for not taking action against the company for the last two years despite flouting the provisions of the “Drugs and Magic Remedies (Objectionable Advertisements) Act.” “The entire country has been taken for a ride! The government is sitting with its eyes closed. For two years you wait when the Drugs Act says this is prohibited?” the court harshly commented against the Centre.
A bench of Justices Hima Kohli and Ahnasuddin Amanullah also restrained the company from advertising or branding its products made for treating diseases or conditions as laid down in the Drugs and Magic Remedies (Objectionable Advertisement) Act 1954 and the rules framed under it.
The court also “cautioned…the respondent and its officers…from making any statements adverse to any system of medicine in the media (both print and electronic) in any form as undertaken by them on the last date.” “Patanjali Ayurved is restrained from advertising or branding the products (specified as a disease under the Act and Rule) manufactured and marketed by it. The respondent is also cautioned from making any statements against any system of medicine in the media (both print and electronic) in any form as undertaken by him on the last date.
The order came on a plea filed by the Indian Medical Association accusing Patanjali of carrying out a smear campaign against modern medicine and vaccination. On November 21, 2023, a bench presided by Justice Amanullah had recorded a statement from the Patanjali counsel that “henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form” and said that the company “is bound down to such assurance.”
Coming down heavily on Patanjali, the court commented, “You (Patanjali Ayurved) had the courage to come up with this advertisement after the order of this court! Permanent relief… what do you mean by permanent relief? Is it a cure? You can’t say your medicines/drugs cure a particular disease,” the court observed on Tuesday.
“How can Patanjali claim to completely cure blood pressure, diabetes, arthritis, asthma and obesity? Allopathy cannot be degraded/defamed in the eyes of the public like this. You (Patanjali) cannot criticise any other method of treatment like allopathy,” it said.
The Supreme Court said the government’s inaction was unfortunate as the entire country was being misled through such advertisement. “This is very unfortunate. The government will have to take some immediate action,” the bench said.
The bench directed the company to stop all electronic and print advertisements of its medicines giving misleading” information with immediate effect. “What happened to this Guru Swami Ramdev Baba?… Ultimately we respect him as he popularised yoga. We all go for this. But, he should not criticise the other system. You see the type of advertisements accusing all the doctors as if they are killers or something. Huge advertisements (have been given),” the bench headed by the then CJI NV Ramana, since retired, had said.
The top court had asked the counsel appearing for the Centre to find a remedy to the issue of misleading medical advertisements. The IMA had referred to several advertisements which allegedly projected the allopathy and the doctors in poor light, saying that “disparaging” statements have also been made by firms, engaged in the production of ayurvedic medicines, to mislead the general public.
These commercials say that the medical practitioners themselves are dying despite taking modern medicines, the counsel for the IMA had said. On Tuesday, senior advocate PS Patwalia, appearing for the IMA, told the court that the company had continued to issue advertisements about the efficacy of its medicines and that this was prohibited under the Drugs and Magic Remedies (Objectionable Advertisements) Act.
While taking up the matter in the morning, Justice Amanullah was furious and asked how the company could make such claims. Posting the matter for the afternoon, he also said the court might be required to pass a stinging order. Hearing it in the afternoon, Justice Amanullah asked what the Ayush ministry had done about it since the petition was filed two years ago. “The entire country has been taken for a ride! For two years you wait when the Drugs Act says this is prohibited?” Appearing for the Centre, Additional Solicitor-General KM Nataraj said the government would file a detailed reply as it had to coordinate with different departments to verify the claims.
