'Entire Country Taken For A Ride, You Shut Eyes For 2 Years!': Supreme Court Pulls Up Union For Inaction On Patanjali Ayurved Ads

The bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a petition filed by the Indian Medical Association in 2022. In its petition, IMA had sought to direct the Centre, Advertising Standards Council of India (ASCI), and the CCPA (Central Consumer Protection Authority of India) to take action against such advertisements and campaigns to promote the Ayush system by disparaging the Allopathic system.

During the course of proceedings, Justice Kohli asked the Union about the Steps taken in furtherance of the last order passed in November 2023. Therein, the Court allowed ASG K.M. Nataraj to consult with the concerned authorities regarding incorrect assertions/misrepresentations of the medical efficacy of several products. Further, the Union was also to see that required measures for statements released through the media may be 'put in place.'

Noting that the Union had not complied with the order, Justice Amanullah took a harsh stance against it. Given that the petition was filed in 2022 and two years have passed, the Judge firmly asked the ASG, “What have you done?”. He went on to state that the 'entire country has been taken on for a ride' and nothing has been done for two years when the concerned Act does prohibit such advertisements.

“Based on this 2022 petition, what have you done? Two years have passed. On this 2022 petition before you, what have you done on this where prima facie words used are totally disclosing an offence under the Act. What have you done in that?”

“The entire country has been taken on for a ride. You shut your eyes! Two years you wait for this important thing! When the Drugs Act itself says that it is prohibited.”

For convenience, here is the relevant portion of the last order:

“After some arguments were canvassed by counsel afore-noted, on the serious points emanating herein, at the request of the Court, Mr. K.M. Nataraj, learned ASG has very fairly submitted that he may be permitted to obtain instructions, after full and effective consultation with the authorities concerned insofar as checking of incorrect assertions/misrepresentation for various products with regard to their purported medicinal efficacy is concerned, as also the measures which may be put in place for statements released through the media, both electronic and print, presently confined to the Respondent No.5.”

Accordingly, the Court, in no uncertain terms, recorded in the order that a detailed affidavit shall be filed by the Union for the steps taken in terms of the last order. “If the court is not satisfied with the said affidavit, appropriate orders shall be passed on the next date of hearing.”, the order added.

Brief Court-Room Exchange

At his turn, ASG apprised the Bench that although the Union Government has filed a counter-affidavit, it is seeking to withdraw the affidavit so that a "better one" with more details can be filed.

Nevertheless, Justice Kohli asked the counsel to place his submissions before the Court. Accordingly, the ASG argued that under the Drugs and Magic Remedies (Objectionable Advertisement), 1954, the State officers do the execution part.

The law officer averred that the Union could not do the implementation part. He further apprised the Bench that consultation is going on, and the Union has been trying to collect all the data, details of complaints filed, and the steps taken.

However, not convinced by this, Justice Amanullah told the Counsel:

“2022, the writ was filed. You were put to notice. You knew that these were the advertisements that prima facie showed that prima facie showed that there cannot be any defence. You have to act.”

Natraj reiterated the role of State officers in this. To this, Justice Amanullah promptly rebutted: “You are right, where is your recommendation to the State.” Supporting this view, Justice Kohli added: “How have you discharged your duty by informing the State governments about these kinds of, as described by the petitioners, misleading advertisements?

Defending this, ASG averred that the Union's role is only at the initial level.

“It is our role only at the initial level. Subject to later violations, in every State we cannot monitor.”

While the bench seemed to concur with this view, it asked the ASG to demonstrate whether the states had been intimidated.

Following this, Justice Amanullah reprimanded the Counsel by stating:

“Based on this 2022 petition, what have you done? Two years have passed. On this 2022 petition before you, what have you done on this where prima facie words used are totally disclosing an offence under that. What have you done in that?”

“The entire country has been taken on for a ride. You shut your eyes! Two years you wait for this important thing! When the Drugs Act itself says that it is prohibited.”

The bench also reprimanded Patanjali Ayurved for publishing further advertisements claiming "permanent cure" for various ailments like diabetes, blood pressure, asthma etc.

The Indian Medical Association pointed out that despite undertaking before the Court to desist from such misleading advertisments, Baba Ramdev and Acharya Balakrishna of Patanjali launched similar advertisments again.

Prima facie observing that the company has violated the undertaking, the Court issued notice to Patanjali Ayurved and Acharya Balakrishna (Managing Director of Patanjali) to show cause why action should not be taken against them for the contempt of court.

The Court also restrained Patanjali Ayurved from advertising or branding its products which are meant to address the diseases/disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in the meantime.

The Court also cautioned Patanjali Ayurved from making any statement adverse to any system of medicine 

Case Title : INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022

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