Dr KV Babu, whose efforts are paying off, says he will not stop until misleading ads stop; appreciates Kerala Drug Authority for its action.
Baba Ramdev (Wikimedia Commons)
Close on the heels of the Supreme Court’s stern warning to Patanjali Ayurved, which included a potential fine of ₹1 crore per product for violations, Dr. KV Babu, a vigilant ophthalmologist from Kannur and a crusader against misleading advertisements in the Ayurvedic sector, has achieved another significant victory.
In a parallel and impactful move, Kerala’s Drugs Control Department has commenced legal proceedings against Divya Pharmacy, the maker of the renowned Patanjali Ayurved products, for their allegedly deceptive advertising.
This step marks a significant turn in the ongoing scrutiny of Ayurvedic product claims in India, especially in a state revered for its Ayurvedic heritage.
Divya Pharmacy, associated with the prominent yoga guru Baba Ramdev, has been a major player in the Indian Ayurvedic market, known for its diverse range of natural and organic health products.
Dr KV Babu, through an RTI, found that the department had found around 29 instances where the company’s advertisements purportedly breached the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954. This Act is a critical piece of legislation in India, aimed at protecting consumers from misleading claims, particularly in health and wellness advertisements.
The advertisements for Patanjali products purportedly stated that their evidence-based Ayurvedic medicines could “cure” a range of illnesses, including high blood pressure and diabetes. Such claims are in direct violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, which expressly forbids advertising cures for certain health conditions.
“In response to my complaints, the department has initiated legal action against these advertisements. They could be the same product in multiple ads or different products as well. The department has directed its subsidiary offices throughout Kerala to accelerate their investigations and proceed with filing charges in court,” Dr Babu told South First.
The decision by the Kerala Drugs Control Department to prosecute is seen as a bold move, given the prominence of the company involved and the potential implications for the Ayurvedic industry at large.
Dr. Babu said of the 29, there are at least five ads that show blatant violations of the Act. However, two of them, which violate the Act, will probably come up in court by the beginning of January 2024.
In cases like these, Dr Babu explained that the authorities have one year to conduct investigations from the date of the ad publication.
Two such advertisements were found to be blatantly violating the law and those were published in January 2023.
“This means we have time till January 2024. The two cases from Kerala will come for a hearing by the beginning of January. I am sure they are blatantly violating the Act and will be prosecuted,” Dr Babu said confidently.
Dr. Babu told South First that he had, in early 2022, brought to the attention of the Union Ayush Ministry, which oversees ayurveda, yoga, unani, Siddha, and homeopathy, his concerns regarding certain advertisements.
“These ads violated the DMR Act by promoting cures for various health disorders that are addressed in the Act,” he explained.
Following his complaint, the Ayush Ministry, in April 2022, reached out to the authorities in Uttarakhand, urging them to take appropriate measures. However, after that, there was no significant action taken from either the Ayush Ministry or the Uttarakhand officials.
With no action for more than a year and a half, an irked Dr Babu filed new complaints with the Kerala Drug Department, hoping for a more effective intervention.
“I am happy the Kerala Drug Department plans to prosecute the company for these misleading ads and has also initiated an investigation. I will not stop until such advertisements stop,” Dr Babu vowed.
It should be noted that on Tuesday, the Supreme Court reprimanded the company co-founded by Baba Ramdev. and warned it would levy ₹1 crore on every product that makes false claims.
“All such false and misleading advertisements of Patanjali Ayurved have to stop immediately. The court will take any infraction very seriously and the court will also consider imposing costs to the extent of ₹1 crore on every product regarding which a false claim is made that it can ‘cure’ a particular disease,” Justice Amanullah orally said, according to LiveLaw.
Also, an undertaking by the company to not publish any such advertisements in the future was recorded by the court in its order.
Meanwhile, the court also asked the Union Ministry of Health and Family Welfare to come back with a proposal to tackle misleading medical advertisements. The matter will be considered next on 5 February 2024.
A day after the Supreme Court cautioned Patanjali Ayurved against making “false” claims in advertisements about its medicines, co-founder yoga guru Baba Ramdev held a press conference in Haridwar.
He told the media, “The Supreme Court said that if you do false propaganda, then you will be fined. We respect the Supreme Court. But we are not doing any false propaganda. A few doctors have formed a group that continuously does propaganda against yoga, Ayurveda, etc. If we are liars, then fine us ₹1,000 crore and we are also ready for the death penalty. But if we are not liars, then punish the ones who are spreading the false propaganda. For the past five years, propaganda has been going on targeting Ramdev and Patanjali.”
May 17, 2024
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