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Business News/ Companies / News/  Patanjali misleading ad case: SC rebukes Ramdev, Balkrishna, asks ‘if apology is same size as your advertisements’
Patanjali misleading ad case: SC rebukes Ramdev, Balkrishna, asks ‘if apology is same size as your advertisements’
4 min read
23 Apr 2024, 11:39 AM IST

Livemint , Written By Shivangini
Patanjali misleading ads case: The bench of justices Hima Kohli and Ahsanuddin Amanullah scrutinized the accusations levied by the Indian Medical Association (IMA) that Patanjali propagated a smear campaign against modern medicine and the national COVID-19 vaccination initiative.

Yoga guru Ramdev arrives at the Supreme Court for hearing on the Patanjali misleading advertisements case, in New Delhi, Tuesday, April 16, 2024. (PTI Photo)
Patanjali ads case: The Supreme Court escalated its inquiries into misleading advertisements, emphasizing the protection of all consumer groups including children, babies, and women on April 23, during the hearing of Patanjali misleading ads case. The court criticized the Union government for its lax oversight, urging immediate action to safeguard these vulnerable groups from deceptive marketing practices.

“Now we are looking at everything… we are looking at children, babies, women, and no one can be taken for a ride and the Union government must wake up to this,” the SC observed on April 23.
Appearing for Ramdev, Mukul Rohatgi told the Supreme Court that an apology has been published in newspapers. Supreme Court asks why the apology was published yesterday only. The Supreme Court then asked “if the apology is the same size as you publish advertisements in newspapers?”

The apex court has expanded the scope of the ongoing case against Patanjali Ayurved, involving not only the company, but also key government ministries.
The ministries of Consumer Affairs and Information and Broadcasting are now co-respondents, tasked with addressing the court’s concerns about regulatory measures. Furthermore, state licensing authorities are being added as parties to ensure a comprehensive evaluation of the advertisement licensing and regulation framework across India.
“Not here to gun for a particular party, it is in the larger interest of consumers or the public on how they are being misled and their entitlement to know the truth and what steps they can take,” the SC added.

In a pointed remark, the Supreme Court also challenged the Indian Medical Association (IMA), highlighting that while the association has accused Patanjali of misleading practices, there are similar issues within the allopathic community. The court questioned the ethics of doctors endorsing allopathic medicines, suggesting that the IMA should also introspect its role and practices in the healthcare sector.
“Your (IMA) doctors also endorsing medicines in the allopathic field. If that’s happening, why should we not turn the beam at you (IMA)? the apex court asked.
The Supreme Court deliberated on a critical contempt case involving Baba Ramdev and Acharya Balkrishna, centered on misleading advertisements disseminated by Patanjali Ayurved.

“FMCGs also publishing misleading ads taking public for a ride, in particular, affecting health of babies, school-going children and senior citizens who have been consuming their products. Court asks licensing authorities of all States and Union Territories to be impleaded as parties in the case,” the SC said, as per an ANI report.
The bench of Justices Hima Kohli and Ahsanuddin Amanullah, scrutinized the accusations levied by the Indian Medical Association (IMA) that Patanjali propagated a smear campaign against modern medicine and the national COVID-19 vaccination initiative.
What has happened so far in Patanjali ads case?
At the preceding hearing on April 16, the court openly expressed its dissatisfaction with the apologies submitted by Ramdev and Balkrishna, co-founders of Patanjali Ayurved. The judges remarked that the apologies appeared coerced rather than sincere, reflecting the court’s rigorous stance on the issue. The case underscores severe potential consequences for health product advertisements that misleadingly claim disease cures without scientific substantiation.

One of the most preferred allegations on Patanjali is the promotion of products with a claim that they can cure diseases like COVID-19 permanently without a scientific base. They have accused the company of supposing to have defamed modern medicine and the national COVID-19 vaccination, labelling the act as a ‘smear campaign’.
This practice violates the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, wherein it is prohibited to advertise magic and miraculous properties, products purporting to cure diseases and disorders. It provides for imprisonment for a term extending up to one year or imposing fines, or both.
It was in November 2023 that the court’s involvement escalated an order directing Patanjali to stop forthwith all misleading advertisements at any cost and adding the ₹1-crore penalty rider. The SC has, on numerous occasions, warned the company against going on air with baseless claims regarding health and reiterated the seriousness with which it pays heed.

The Supreme Court also summoned Ramdev and Balkrishna to respond to contempt notices, which underscored the seriousness it associated with the charges. In February 2024, the court had dismissed Patanjali’s affidavit, referring to its apology as insufficient and doing mere “lip service”.The SC has posted the contempt case against Patanjali Ayurved, Ramdev and Balkrishna for hearing on April 30.
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