Patanjali Ayurved Ltd restrained from advertising by Supreme Court, contempt notice issued to Acharya Balakrishna

Indian Medical Association (IMA) and Jayesh Lele had filed a case against Union of India, Ministry of Health and Family Welfare, Advertising Standard Council of India, Central Consumer Protection Authority and Patanjali Ayurved Ltd on August 10, 2022. It was registered on August 17, 2022and was verified on August 20, 2022. This Writ Petition (Civil) No, No.645 of  2022 was heard by the Supreme Court's bench of Justices Hima Kohli and Ahsanuddin Amanullah on February 27, 2024. The Court has restrained Patanjali Ayurved Ltd from advertising or branding some of the products manufactured and marketed by it. These are products which are meant to address the ailments/diseases/conditions mentioned under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 and The Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955. Patanjali Ayurved Ltd faced the wrath of the Court for disseminating misleading claims and advertisements targeting modern systems of medicine in breach of the assurance given by it in November 2023.

has restrained Patanjali Ayurved from advertising or branding some of the products manufactured and marketed by it which are meant to address the ailments/diseases/conditions mentioned under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 and the Rules. The Court came down heavily on Patanjali Ayurved conglomerate for persistently disseminating alleged misleading claims and advertisements targeting modern systems of medicine. The Court expressed dissatisfaction with Patanjali Ayurved's ongoing promotion of such misleading information despite giving an assurance in November

https://www.verdictum.in/court-updates/supreme-court/supreme-court-indian-medical-association-v-union-of-india-advertising-patanjali-ayurved-products-1522707

Prior to this the Court heard the matter on November 21, 2023. After hearing P.S. Patwalia, senior counsel for the petitioners, K.M. Nataraj, Additional Solicitor General and Sajan Poovayya, senior counsel appearing for the Patanjali Ayurved Limited, the Court recorded that Poovayya, senior counsel for the Patanjali Ayurved Ltd, "on instructions, assures this Court that henceforth 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." He further assured that Patanjali Ayurved Ltd "is bound down to such assurance." The Court order reads: "It is made clear that the suit(s) pending on issues pertaining inter-se, that is, between the petitioners/other persons and the Respondent No.5 have not been stayed, and shall not be hindered only by reason of the pendency of the present writ petition". Patanjali Ayurved Ltd is Respondent No.5.

On another occasion, Ministry of AYUSH was compelled to issue a statement through Press Information Bureau on claims of Patanjali Ayurved on June 23, 2020 saying, "Facts of the claim and details of the stated scientific study are not known to the Ministry." It stated that "The concerned Ayurvedic drug manufacturing company has been informed that such advertisements of drugs including Ayurvedic medicines are regulated under the provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder". This Act was enacted as law 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.