The Supreme Court on Tuesday passed an interim order imposing a ban on advertisements of 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, 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.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.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 entire country has been taken for a ride.Supreme Court on PatanjaliThe 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 Ayurved to not publish false advertisements in the future, and avoid making such claims to the media, as ultimately a solution was needed regarding misleading medical advertisements.
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.
When the Court asked what the AYUSH Ministry had to say, Patwalia argued that there was no question of regulation as Patanjali could not have claimed to find a cure for blood pressure issues.
Thereafter, when asked to justify the ads, Senior Advocate Vipin Sanghi for Patanjali sought time for instructions. However, the Court determined that it was keen on restraining further ads.
In August 2022, the top court had questioned Ramdev on his attempt to discredit allopathy and its practicing doctors during the coronavirus pandemic.
The IMA has initiated multiple criminal proceedings against the Patanjali ambassador.
The IMA stressed that there were multiple instances where such statements had been made by Ramdev, all of which are different causes of action.
Advocate Prabhas Bajaj appeared for IMA with Senior Advocate Patwalia.
Additional Solicitor General KM Nataraj appeared for the Central government.
Advocate Mrinmoi Chatterjee represented the the National Association of Pharmacology and Therapeutics, an intervenor in the case.
TAGS: Supreme Court interim order ban advertisements Patanjali Ayurved medicines Indian Medical Association Union of India Baba Ramdev
