The apology follows a notice issued to them, asking why contempt of court proceedings should not be initiated for allegedly disregarding an undertaking given to the apex court on 21 November, 2023.
Patanjali Ayurved, along with its Managing Director Acharya Balkrishna, has submitted an unconditional apology to the Supreme Court regarding its advertisements that targeted evidence-based medicine.
The apology follows a notice issued to them, asking why contempt of court proceedings should not be initiated for allegedly disregarding an undertaking given to the apex court on 21 November, 2023.
The Indian Medical Association (IMA), which filed the plea, accused the company of allegedly violating provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and making critical statements about allopathy.
In response to the plea, a Supreme Court bench comprising Justices Hima Kohli and Ahsanuddin Amanullah, Tuesday, 19 March, sought the personal appearance of yoga guru Ramdev and Patanjali Ayurved Managing Director Acharya Balkrishna before it in the contempt proceedings relating to advertising of the company’s products and their medicinal efficacy.
Acharya Balkrishna reiterated that he will ensure such advertisements would not be released in the future.
He underscored that the company’s objective is purely to inspire citizens to adopt healthier lifestyles by utilising products from the Ayurvedic company. This encompasses offerings for lifestyle ailments, which are supported by ancient literature and materials complemented by Ayurvedic research.
“The deponent regrets that the advertisement in question, which was meant to contain only general statements, inadvertently included the offending sentences…The deponent on behalf of respondent (Patanjali Ayurved) submits an unqualified apology before this Court for the breach of the statement recorded in the order of November 21, 2023. The deponent will ensure such advertisements are not issued in future,” read the affidavit.
In an affidavit submitted before the apex court, Balkrishna stated that his company would refrain from repeating advertisements of such nature, which were solely intended to promote Ayurveda and he “regrets that the advertisement in question which was meant to contain only general statements inadvertently included the offending sentences”.
“The Deponent will ensure that such advertisements are not issued in the future. 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,” the affidavit said as reported by Bar and Bench.
The court expressed its dissatisfaction with an advertisement released by the company on 4 December, 2023, particularly since the company had assured the court on November 21, 2023, that it would refrain from making any casual statements asserting medicinal efficacy or criticising any system of medicine.
In its affidavit, Patanjali affirmed its utmost respect for the rule of law and its commitment to adhering to it.
The company stated that its media wing was unaware of the court proceedings and the prohibition against such advertisements.
The multinational company highlighted that it possesses scientific data resulting from clinical research conducted in Ayurveda, which was not accessible at the time of the enactment of the Drugs and Cosmetics Act of 1940. It emphasised that its Ayurvedic products are substantiated by scientific research.
“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…” by the Centre.
It said that the Drugs & Cosmetics Act, 1940, “was passed when scientific evidence in Ayurveda research were lacking. Respondent No. 5 Company (Patanjali) 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 to the 1954 Act.”
(Edited by Shauqueen Mizaj)
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