What is Misleading Advertisements Case Involving Ramdev’s Patanjali? Why has SC Slammed Yoga Guru?
12-Apr-24 04:55:33

The Supreme Court on Wednesday refused to accept the affidavits filed by yoga guru Ramdev and managing director of Patanjali Ayurved Balkrishna tendering unconditional apologies over publishing “misleading” advertisements

In a blow to yoga guru Ramdev and managing director of Patanjali Ayurved Balkrishna, the Supreme Court (SC) on Wednesday refused to accept their affidavits tendering unconditional apologies over publishing “misleading" advertisements. The court said it was “not blind" and the apologies came only when it was “caught on the wrong foot". The matter will be next heard on April 16.

The court also came down hard on the State Licensing Authority for its inaction on the issue and said it is not going to take it lightly. “We will rip you apart. Do you have the guts to do what you are doing? You are acting as a post office," the bench said in an unusually stern reprimand."

The court also criticised the Uttarakhand government for its failure to take action against Patanjali Ayurved for violating the law.

WHO FILED IT?

The Indian Medical Association (IMA) had filed a petition in the Supreme Court in August 2022 after Patanjali published an advertisement titled ‘Misconceptions Spread By Allopathy: Save Yourself And The Country From The Misconceptions Spread By Pharma And Medical Industry’ (see below).

The petition mentioned the instances where Ramdev called allopathy a “stupid and bankrupt science", and made claims about allopathic medicine being responsible for Covid-19 deaths. The IMA also accused Patanjali of contributing to vaccine hesitancy during the pandemic. The IMA stated the “continuous, systematic, and unabated spread of misinformation" comes alongside Patanjali’s efforts to make false and unfounded claims about curing certain diseases through the use of Patanjali products.

THE FIRST HEARING

On November 21, 2023, during the first hearing on the petition, Justice Amanullah orally warned Patanjali against claiming their products can completely “cure" diseases, and threatened to impose a cost of Rs 1 crore on every product for which such a claim is made.

Senior Advocate Sajan Poovayya, representing Patanjali, said there “shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form", as per the order passed on November 21.

LEGALLY SPEAKING

Drugs & Other Magical Remedies Act, 1954 (DOMA): Publishing a misleading advertisement is punishable with up to six months imprisonment, and/or a fine for the first offence. On the second offence, the period of imprisonment can extend to one year.

Senior Advocate Sajan Poovayya, representing Patanjali, said there “shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form", as per the order passed on November 21.

LEGALLY SPEAKING

Drugs & Other Magical Remedies Act, 1954 (DOMA): Publishing a misleading advertisement is punishable with up to six months imprisonment, and/or a fine for the first offence. On the second offence, the period of imprisonment can extend to one year.

The IMA petition has also highlighted the Memorandum of Understanding signed by the Ministry of AYUSH and the Advertising Standards Council of India in January 2017, which prohibits misleading ads.

ON APRIL 9

Ramdev and Balkrishna tendered an unconditional apology before the Supreme Court.

“I hereby tender my unconditional apology in regard to the issue of advertisements which occurred after the statement of counsel of respondent no. 5 (Patanjali) which was recorded in the order dated November 21, 2023, which I am informed has the force of an injunction," the affidavit read.

In the short affidavit filed, Ramdev tendered an unconditional apology for the November 2023 press conference as well. “I sincerely regret this lapse and I wish to assure the court that the same will not be repeated," he said, adding, “I hereby tender an unconditional and unqualified apology for the breach of the statement recorded in para 3 of the order of this court dated November 21, 2023".

APRIL 10: SC NOT CONVINCED

“The apology is on paper. Their back is against the wall. We decline to accept this, we consider it a deliberate violation of undertaking," the bench said. “Tendering apology is not enough. You should suffer the consequences for violating the court’s order. We do not want to be generous in this case. Till the matter hit the Court, the contemnors did not find it fit to send us the (fresh apology) affidavits. They sent it to the media first. Till 7:30 pm yesterday it was not uploaded for us. They believe in publicity clearly…You are defrauding the affidavit. Who drafted it, I am surprised."

Justice Amanullah asked if the apology is “even heartfelt" to which senior Advocate Mukul Rohatgi, appearing for the Patanjali founders, said: “What else needs to be said, my lords, we will. He is not (a) professional litigant. People make mistakes in life."

After the lawyers and officers admitted that mistakes were committed and that corrective measures would be taken, the SC said: “What about all the faceless people who have consumed these Patanjali medicines stated to be cured diseases which cannot be cured? Can you do this to an ordinary person?"

SOURCE & CREDIT: NEWS 18. COM