The Court also issued contempt of court notices to Patanjali’s founders Baba Ramdev and Acharya Balkrishna for flouting previous orders of the Court and making misleading claims.
The Supreme Court on Tuesday passed an interim order imposing a ban on advertisements of Indian multinational conglomerate Patanjali Ayurved’s medicines [Indian Medical Association & Anr vs Union of India and Ors]
A bench of Justices Hima Kohli and Ahsanuddin Amanullah said that Patanjali has been taking the country for a ride by making misleading claims that its medicines would cure certain diseases despite no empirical evidence for the same.
The Court also pulled up Central government for not tackling misleading advertisements despite the present petition against the same having been filed in 2022.
“The entire country has been taken for a ride! For two years you wait when Drugs Act says this is prohibited?” the Court remarked.
The Court, 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.
“Respondents are restrained from advertising and branding their marketed medicinal products specified as treating diseases/ailments as in the rules, until further orders,” the Court said in its order.
The Court also ordered that Patanjali should not make adverse statements or claims against other forms of medicine.
“They are cautioned from making any statements adverse to any medicine system in any form in print or other media,” the Court ordered.
Pertinently, the Court also issued contempt of court notice to Patanjali’s founders Baba Ramdev and Acharya Balkrishna for flouting previous orders of the Court by continuing to propagate false and misleading claims regarding their products’ ability to cure diseases.
Balkrishna is the Chief Executive Officer of Patanjali.
“We issue notice to show cause (to Ramdev and Acharya Balkrishna) as to why contempt of court proceedings should not be initiated against them. Reply to be filed within 2 weeks,” the order stated.
The entire country has been taken for a ride.
Supreme Court on Patanjali
Background
The bench was hearing a plea filed by the Indian Medical Association (IMA) alleging a smear campaign by the self-styled yoga guru and his company against the COVID-19 vaccination drive and modern medicine.
The Supreme Court had in November threatened to impose costs of ₹1 crore per false claim made in each advertisement for Patanjali Ayurved products that claim to cure diseases.
A bench led by Justice Amanullah had then stressed that the issue could not be reduced to a debate between allopathy/modern medicine and Ayurvedic products.
The top court had also directed Patanjali not to publish false advertisements in the future, and avoid making such claims to the media, as ultimately a solution was needed regarding misleading medical advertisements.
Hearing today
During the hearing today, Senior Advocate PS Patwalia for IMA raised concerns about misleading claims made in ads and a press conference held by Ramdev regarding remedies for blood pressure that referred to ‘lies spread by allopathy’.
“He held a press conference the very next day after last order,” Patwalia informed the Court.
The Court also agreed with Justice Amanullah saying that he has printouts of such misleading ads by Patanjali.
“I have brought printouts and annexures. We are going to pass a very strict order today. Go through it. How can you say you will cure? Despite our warning you are saying our things are better than chemical based medicines,” the bench asked Senior Advocate Vipin Sanghi who was representing Patanjali.
You had the courage and guts to still come up with this advertisements after our order; you are tempting the Court, Justice Amanullah further said.
The Court also pulled up the AYUSH Ministry for failing to take appropriate steps.
“There cannot e prima facie any defence of the ads showing cure for Blood Pressure and diabetes. Show us you have moved in full,” said Justice Amanullah.
