A Supreme Court bench issued a notice to Patanjali Ayurved and its MD asking why contempt proceedings should not be initiated against them.
Baba Ramdev (Wikimedia Commons)
The Supreme Court on Tuesday, 27 February, came down heavily on yoga guru Ramdev’s 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.
A bench of justices Hima Kohli and A Amanullah issued a notice to Patanjali Ayurved and its managing director asking why contempt proceedings should not be initiated against them.
The bench also cautioned Patanjali Ayurved and its officers from making any statements adverse to any system of medicine in the media, both print and electronic, in any form as they said in their undertaking before the court earlier.
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.
Some examples of false claims include:
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)
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