Patanjali advertising case: Supreme Court asks Ramdev, Balkrishna to appear before it

The apex court was hearing a plea of the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

The apex court had on 27 February, come down heavily on Patanjali Ayurved for prima facie violation of the undertaking given by it in the court about its products and also about statements claiming their medicinal efficacy.

Also Read: Dr KV Babu, whose RTI crusade led to SC’s rebuke of Baba Ramdev’s Patanjali

The earlier order

On 21 November last year, the counsel representing the company had assured the apex court that henceforth there shall not be any violation of law, especially relating to advertising or branding of products, and no casual statements claiming the medicinal efficacy of Patanjali products or against any system of medicine will be released to the media in any form.

The apex court had then cautioned the company, co-founded by Ramdev and dealing in herbal products, against making “false” and “misleading” claims in advertisements about its medicines as a cure for several diseases.

The top court is hearing a plea of the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

Patanjali Ayurved faced criticism and warnings from the Supreme Court due to various misleading advertisements claiming to heal or cure specific diseases.

The Kerala Drugs Control Department had listed 29 misleading advertisements by Patanjali Ayurved, accusing them of promoting evidence-based ayurvedic medicines as cures for conditions such as high blood pressure and diabetes, which contravenes the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.

These advertisements falsely suggested that Patanjali’s medicines could treat or cure these health disorders, despite there being no substantial proof supporting such claims. The department planned to prosecute Divya Pharmacy, affiliated with Patanjali Ayurved, for these violations.

Also Read: Kerala drugs authority to take action against Patanjali-linked Divya Pharmacy

False claims by Patanjali

Some examples of false claims include:

• Claims that Patanjali’s medicines could cure diseases such as high blood pressure, diabetes, thyroid, asthma, arthritis, obesity, and liver and kidney failures without proper scientific backing.
• Assertions that Patanjali’s medicines were superior to conventional treatments and could replace modern medication.
• Statements suggesting that Patanjali’s medicines were effective against Covid-19, contradictory to official health guidelines.
• Claims that Patanjali’s medicines were safer and more efficacious than those prescribed by modern medicine.

These false claims were deemed misleading and potentially harmful to consumers who might rely on them instead of seeking appropriate medical advice.

In India, the advertisement of all drugs is prohibited unless permitted by the Union government, licensing authorities, or exempted from the application of the Drugs & Cosmetics Act, 1940.

The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 prohibits the advertisement of drugs that suggest or lead to the use of drugs for diagnosis, cure, mitigation, treatment, or prevention of specific diseases or disorders.

The Act also covers Ayurveda, Siddha, and Unani drugs under its regulations.

Violating drug advertising laws in India can lead to serious consequences. The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 stipulates that infringement of the Act can result in up to 6 months of detainment, a fine, or both, with the possibility of up to one year’s detainment for a recurring offence.

Additionally, the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) outlines penalties for breaches, including suspension or expulsion from pharmaceutical associations, reprimands, issuing corrective statements in the media, and more. Pharmaceutical companies must adhere to these regulations to avoid legal repercussions and maintain ethical advertising practices.

(With PTI inputs)