Supreme Court slaps temporary ban on Patanjali medicine ads for "taking country for a ride"

The Supreme Court on Tuesday passed an interim order imposing a ban on advertisements of Indian multinational conglomerate 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 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 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."Respondents are restrained from advertising and branding their marketed medicinal products specified as treating diseases/ailments as in the rules, until further orders," the Court said in its order.The Court also ordered that Patanjali should not make adverse statements or claims against other forms of medicine. "They are cautioned from making any statements adverse to any medicine system in any form in print or other media," the Court ordered.Pertinently, 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. "We issue notice to show cause (to Ramdev and Acharya Balkrishna) as to why contempt of court proceedings should not be initiated against them. Reply to be filed within 2 weeks," the order stated..The entire country has been taken for a ride.Supreme Court on Patanjali.Background.The 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 not to publish false advertisements in the future, and avoid making such claims to the media, as ultimately a solution was needed regarding misleading medical advertisements..Hearing today.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. The Court also agreed with Justice Amanullah saying that he has printouts of such misleading ads by Patanjali."I have brought printouts and annexures. We are going to pass a very strict order today. Go through it. How can you say you will cure? Despite our warning you are saying our things are better than chemical based medicines," the bench asked Senior Advocate Vipin Sanghi who was representing Patanjali. You had the courage and guts to still come up with this advertisements after our order; you are tempting the Court, Justice Amanullah further said.The Court also pulled up the AYUSH Ministry for failing to take appropriate steps. "There cannot e prima facie any defence of the ads showing cure for Blood Pressure and diabetes. Show us you have moved in full," said Justice Amanullah."Show us you have discharged your duties to tackle misleading advertisements. Writ was filed in 2022," Justice Kohli too weighed in."Every State we cannot monitor," Additional Solicitor General (ASG) KM Nataraj replied on behalf of the Central government. "Show us what you have done till date," the bench insisted.The ASG conceded that misleading ads cannot be permitted."Misleading advertisements cannot be done at all. Whether it is this man or another," the ASG submitted."Good you got it. We are concerned for common man," the Supreme Court said.The Court continued to grill the counsel for Patanjali. "What do you mean by 'permanent relief' to the diseases? It means only two things - either death or cure," said Justice Amanullah. "I will need instructions. I have taken BP medicines for 35 years. I have been getting relief," replied Sanghi.He also contended that a complete ban will be unfair. "No explanation will stand, you cannot shirk it off. You cannot deny these ads came into print after our order and undertaking," the Court remarked.The Court also took strong objection to Patanjali's statements against allopathy. "How have you said against allopathy when we have said (not to)? Why have you compared efficacy? You do your own job but why saying about allopathy," the Court remarked.Sanghi highlighted the contributions of Patanjali. "We have set up 40-crore research facility," he said."We know you have surplus money," Justice Amanullah replied.The Court then proceeded to pass an interim order against the conglomerate..Besides Patwalia, advocate Prabhas Bajaj appeared for IMA.Advocate Mrinmoi Chatterjee represented the the National Association of Pharmacology and Therapeutics, an intervenor in the case..[Read Order]