After Supreme Court Rap, Uttarakhand Authority Suspends Licenses Of 14 Patanjali & Divya Pharmacy Products
The manufacturing licenses of 14 products of Patanjali Ayurved Ltd and its sister concern Divya Pharmacy were suspended on April 15, stated the Uttarakhand State Licensing Authority in an affidavit filed before the Supreme Court on Monday (April 29).Invoking the power under Rule 159(1) of the Drugs and Cosmetic Rules 1954, the licenses of these products were suspended with "immediate effect",...
The manufacturing licenses of 14 products of Patanjali Ayurved Ltd and its sister concern Divya Pharmacy were suspended on April 15, stated the Uttarakhand State Licensing Authority in an affidavit filed before the Supreme Court on Monday (April 29).
Invoking the power under Rule 159(1) of the Drugs and Cosmetic Rules 1954, the licenses of these products were suspended with "immediate effect", the Authority stated. Notably, the order came after the Supreme Court pulled up the State Authority on April 10 for its inaction against Patanjali and Divya Pharmacy for their illegal advertisements of these products.
Further, the Authority stated that a criminal complaint has been filed against Patanjali Ayurved, its Managing Director Acharya Balkrishna, its co-founder Baba Ramdev and Divya Pharmacy before the Chief Judicial Magistrate, Haridwar under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.
The products whose licenses have been suspended are Swasari Gold, Swasari Vati, Bronchom, Swasari Pravahi, Swasari Avaleh, Mukta Vati Extra Power, Lipidom, Bp Grit, Madhugrit, Madhunashini Vati Extra Power, Livamrit Advance, Livogrit, Eyegrit Gold and Patanjali Drishti Eye Drops.
The Authority also tendered an “unconditional and unqualified apology” to the Supreme Court for any “inadvertent and unintentional” non-compliance with the orders of the Supreme Court.
The two entities have been directed to stop manufacturing the above products with immediate effect as well as to furnish the original formulation sheets of the same to the Deputy Director of the SLA.
Further, the SLA has issued the following instructions to all Ayurvedic/Unani medicine factories in Uttarakhand:
♦ Every Ayurvedic/Unani medicine factory shall strictly comply Drug and Magic Remedies Act, 1954,
♦ No pharmaceutical factory will use claims like Approved/Certified by the Ministry of AYUSH on the label of its product,
♦ Advertisements should comply with provisions under Consumer Protection Act, 2019, Cable Television Networks Act, 1995, Emblems and Names Act, 1950,
♦ Every pharmaceutical factory shall ensure complete compliance with Rules 161, 161A and 161B of the Drug and Cosmetic Act, 1945 for labeling of their products, and
♦ Every Ayurvedic/Unani medicine company should go through the provisions of the Consumer Protection Act, 2019, Cable Television Networks Act, 1995, Emblems and Names Act, 1950 and Drug and Magic Remedies Act, 1954 and the advertisements should be broadcasted only after conducting the recruitment test under the provisions mentioned in the Act.
A bench comprising Justices Hima Kohli and Ahsanuddin Amanullah will consider the matter tomorrow. On the last hearing date, the bench expressed that its scrutiny was not just limited to Patanjali but to all FMCG companies which are taking the "public for a ride" by advertising false health claims about their products.
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022