PATANJALI: Supreme Court Issues Contempt Notice To Patanjali Ayurved

The Supreme Court of India criticized Patanjali Ayurved, a well-known company that sells herbal and Ayurvedic products, for not following through on i

The Supreme Court of India criticized Patanjali Ayurved, a well-known company that sells herbal and Ayurvedic products, for not following through on its promise not to publish false ads claiming that their products can cure diseases. This promise was made to the Court in November of the previous year. The Court noticed that Patanjali did not keep its word and continued with such advertisements, which is against what they had agreed to.

Because of this, the Court has now asked Patanjali Ayurved and its Managing Director, Acharya Balakrishna, to explain why they should not be punished for disobeying the Court's orders. Meanwhile, the Court has temporarily stopped Patanjali from advertising their products as cures for certain diseases that are mentioned in a specific law called the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954.

Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, is an Act of the Parliament of India which aims to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities, and to provide for matters connected therewith. The Act seeks to prevent the public from being misled by advertisements relating to drugs and magic remedies.

The key provisions of the Act include:

Prohibition of certain advertisements: The Act prohibits advertisements of any remedy that is alleged to have magical properties for the treatment of certain diseases and disorders. It also restricts advertisements that suggest the efficacy of any drug or treatment in conditions or diseases specified in the schedule of the Act, which includes a wide range of ailments from cancer and diabetes to sexual disorders.

Restrictions on advertising: The Act imposes restrictions on advertising drugs for inducing miscarriage or preventing conception, for the maintenance or improvement of the capacity of human beings for sexual pleasure, for the correction of menstrual disorder in women, and for the diagnosis, cure, mitigation, treatment, or prevention of any disease, disorder, or condition specified in the schedule.

Penalties: The Act provides for penalties for the first offense and subsequent offenses, which can include imprisonment, fines, or both. For example, for the first conviction, the punishment could be imprisonment up to six months, a fine, or both. For a subsequent conviction, the punishment could be imprisonment which may extend to one year, a fine, or both.

Exceptions: The Act does not apply to any advertisement addressed to medical practitioners or to pharmacists or to any advertisement for a drug which is not prohibited by the Act if the advertisement does not contravene the provisions of the Act

Power to prohibit advertisements in the public interest: The Act empowers the government to prohibit, in the public interest, the advertisement of any drug or class of drugs or any magic remedy for the treatment of any disease, disorder, or condition specified in the schedule, or in any other manner.

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, aims to protect consumers from unscientific claims and misleading advertisements that could potentially harm their health. It emphasizes the importance of scientific evidence and regulated advertising in the promotion of drugs and treatments.

Supreme Court Judgment Patanjali

The Court also warned Patanjali not to make negative statements about other types of medical treatments. They will look into this issue more in two weeks.

This action by the Supreme Court came while they were looking into a complaint by the Indian Medical Association. The Association is trying to stop Patanjali from spreading false information and negative opinions about vaccines and modern medicines, which they refer to as a "smear campaign."

The Supreme Court of India expressed its frustration with Patanjali Ayurved for continuing to publish misleading advertisements about their products being able to cure various diseases, which was in direct violation of a previous court order. In light of this, the Court inquired from the Union Government about the actions it has taken under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 concerning Patanjali's advertisements.

Justice Ahsanuddin Amanullah highlighted the delay in action by the government against such misleading advertisements, pointing out that the law already prohibits these kinds of ads. The Additional Solicitor General, representing the Union, responded by saying that the responsibility to act under the Act lies with the states. The Court then requested the Union to submit an affidavit detailing the steps it has taken in this regard.

The situation escalated when, despite the Court's order, Patanjali continued to make misleading claims in advertisements. This led to a stern rebuke from Justice Amanullah, who was prepared to issue a strict order against Patanjali for their continued defiance.

Further complicating matters, it was revealed that right after the Supreme Court's order in November 2023, Patanjali's figures Baba Ramdev and Acharya Balakrishna held a press conference and continued to make misleading claims about their products' ability to permanently cure diseases like diabetes, blood pressure, and more. These diseases are specifically listed in the Schedule to the Drugs and Magic Remedies Act, indicating a clear violation.

The Court questioned Patanjali's counsel about these claims and also about statements made against other systems of medicine, which the previous order had already restricted. Notably, Patanjali's counsel attempted to downplay the issue by referencing Baba Ramdev's status as a sanyasi, which the Court promptly dismissed as irrelevant to the legal issue at hand.

The bench considered imposing a complete ban on advertisements from Patanjali, especially those related to diseases specified under the Act, highlighting the gravity with which the Court viewed the violations. However, after considering the impact on other products like toothpaste, the Court decided that the advertisement ban would specifically target products related to the diseases mentioned in the Act.

This situation stems from a larger context where the Indian Medical Association sought action against advertisements and campaigns by Patanjali that disparage modern (Allopathic) medicine in favor of the Ayush system, which includes traditional medicine practices like Ayurveda. The Supreme Court had previously issued notices to various authorities, including Patanjali, to address these misleading advertisements.

The Court's frustration and strict stance indicate a serious effort to enforce compliance with laws against misleading advertisements, especially those related to health and medicine, and to uphold the integrity of medical information disseminated to the public.

Writ Petition Filed by IMA

The writ petition filed by the Indian Medical Association (IMA) addresses significant concerns regarding what they describe as the "continuous, systematic, and unabated spread of misinformation" by Patanjali Ayurved, particularly concerning allopathy and the modern medical system. 

Misinformation and Disparagement: The petition accuses Patanjali Ayurved of disseminating misleading information that disparages allopathic medicine. It alleges that Patanjali's advertisements and public statements by its associates, including Swami Ramdev, spread false claims about the efficacy of their products in curing various diseases, without scientific verification or approval under relevant legal standards.

Controversial Advertisement: The plea specifically references a half-page advertisement from July 10, 2022, which casts aspersions on allopathy by suggesting that the public and the country need to be saved from misconceptions spread by the pharmaceutical and medical industry. This kind of advertising is pointed out as a clear attempt to undermine allopathic medicine by promoting unverified claims.

Legal Violations: The IMA's petition argues that Patanjali's actions violate specific laws designed to protect consumers and regulate advertisements, namely the Drugs & Other Magic Remedies (Objectionable Advertisements) Act, 1954, and the Consumer Protection Act, 2019. These laws are intended to prevent misleading claims and protect public health and safety.

Controversial Statements by Swami Ramdev: The petition highlights instances where Swami Ramdev, a figure closely associated with Patanjali, made derogatory remarks about allopathy, calling it a "stupid and bankrupt science," and attributed the deaths during the COVID-19 pandemic's second wave to allopathic medicines. Such statements are cited as examples of the harmful misinformation being spread by Patanjali.

Vaccine Hesitancy and Mockery: The plea also accuses Patanjali and Swami Ramdev of contributing to vaccine hesitancy by spreading false rumors about COVID-19 vaccines. It mentions Ramdev's mockery of people seeking oxygen cylinders during the pandemic, portraying a lack of empathy and spreading misinformation during a public health crisis.

Failure to Monitor Misleading Advertisements: Despite an existing Memorandum of Understanding (MoU) between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI) to monitor misleading advertisements related to AYUSH drugs, the petition alleges that Patanjali has continued to flout these regulations with impunity.

The IMA's petition underscores the need for strict enforcement of laws to prevent misinformation and protect public health. It seeks to address the challenge of misleading medical advertisements without turning it into a debate between different systems of medicine, focusing instead on ensuring that all medical claims are scientifically verified and legally compliant.