New Delhi: The Supreme Court on Tuesday pulled up Centre for its inaction against Patanjali's "misleading and false" advertisements regarding curing various diseases and barred Patanjali from publishing advertisements for products claiming to cure diseases for now.
A bench comprising justices Hima Kohli and Ahsanuddin Amanullah told additional solicitor general (ASG) K M Nataraj, representing the Centre, “Mr Natarajan in 2022, the writ petition was filed and you were put to notice and the government knew these were advertisements and there cannot be any defence, and the advertisement diabetes, what action has the government taken?” Natarajan said the action has to be taken by state officers.
The top court was hearing a plea of the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the modern medicines.
Justice Amanullah said the court will make two persons, Baba Ramdev and Acharya Balkrishan, whose photographs are there in the advertisement, party in the proceedings. Senior advocate Vipin Sanghi, appearing for Patanjali, said so far, Baba Ramdev is concerned, he is a sanyasi. Justice Amanullah said the court is not bothered by that. Justice Kohli said they were aware of the order and prima facie they are flouting the court order.
The bench queried Nataraj, where is the Centre’s recommendation to the state governments and how have you discharged your duties by informing the state governments? Show the court that the Centre intimated all the state governments.
“This petition has been before you since 2022, what have you done? Prima facie words disclosing offence….IMA has complained to you also. The entire country is being taken for a ride, you shut your eyes….”, said Justice Amanullah. Nataraj sought sometime from the court to file a better affidavit in the matter. Justice Kohli said if the Centre is telling the court that it cannot do anything then the court should make states party in the matter and issue notice to them and seek their response.
Justice Amanullah Centre and states have to continuously keep monitoring that such advertisements are not published and this has very wide ramifications. “Very unfortunate (situation)…”, said justice Amanullah. Justice Kohli queried Sanghi in connection with permanent relief claimed by Patanjali for diseases like: obesity, diabetes, asthma, arthritis, blood pressure, and diseases of kidney, heart and liver etc., Justice Amanullah said: “What do you mean by permanent relief. There are two types of permanent relief: one permanent relief when a patient dies, and the second is a cure and there is no third permanent relief….”.
Sanghi said for example, I am taking medicine for blood pressure and as long as I take that medicine there is no issue. “It is called relief or permanent relief…you are assisting the court and you yourself were in a position where you interpreted statutes. There should be something reasonable and acceptable…permanent relief word itself is misleading….No further advertisements absolutely”, said the bench.
Sanghi sought time to file a reply in the matter. Justice Kohli said misleading advertisements by Patanjali regarding its various products cannot be allowed and also no causal statements regarding a system of medicine and no casting of aspersions on any other system can be made by the company. The bench stressed that claims regarding permanent relief are misleading and violation of the law. Sanghi said a ban on advertisement is not fair. Justice Kohli clarified that the company should be restrained from advertising its products as permanent relief.
During the hearing, senior Advocate PS Patwalia, representing 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 the last order," Patwalia submitted before the bench.
When the bench 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. The bench said the Union of India is inviting the court to virtually issue notice to all states and union territories. Nataraj said a better affidavit will be filed on behalf of the Centre, while withdrawing the earlier affidavit.
Justice Amanullah said the Patanjali has to completely stop its advertising, in any form of media, where it is making misleading claims about permanent relief for various diseases.
“Issue notice as to why contempt of court proceedings should not be initiated against respondent 5 (Patanjali), its managing director…..”, said the bench, while restraining Patanjali from advertising the products, manufactured and marketed by it, which is meant to address diseases. The bench also restrained the company and its officials from making statements adverse to any system of medicine in the media.
The apex court has scheduled the matter for further hearing on March 19.
On November 21 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 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 cure of several diseases.
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