Misleading Ads Case : Baba Ramdev & Patanjali MD Furnish Unconditional Apology Before Supreme Court

Patanjali Ayurveda's co-founder Baba Ramdev and Managing Director Acharya Balkrishna have tendered an unconditional apology before the Supreme Court in the contempt case initiated against them over publication of misleading medical ads, in breach of a Court undertaking.

The affidavit containing the apology was filed this Saturday. The matter will now be taken up tomorrow (April 10).

To recap briefly, the contempt case arises out of a petition filed by the Indian Medical Association against Patanjali's advertisements attacking allopathy and making claims about curing certain diseases. On the top Court's reprimand, Patanjali had assured last November that it would refrain from such advertisements.

On February 27, noting that the misleading advertisements continued, the Court had issued contempt notice to Patanjali and its MD. Further, it had restrained Patanjali from advertising or branding its products meant to address the diseases/disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 in the meantime.

In March, considering that reply to the contempt notice was not filed, personal appearance of the Patanjali MD as well as Baba Ramdev, who featured in the press conferences and advertisements published after the undertaking, was sought.

Subsequently, the Patanjali MD filed an affidavit saying that the impugned advertisements were meant to contain only general statements but inadvertently included offending sentences. It was further stated that the advertisements were bona-fide and that Patanjali's media personnel was not “cognizant” of the November order (where undertaking was given before the top Court).

The affidavit also contained an averment that the Drugs and Magic Remedies Act was in an "archaic state" as it was enacted at a time when scientific evidence regarding Ayurvedic medicines was lacking.

On the last date, both Baba Ramdev and MD Balkrishna were physically present in Court. While Baba Ramdev's affidavit was not on record, the court expressed its reservations about MD Balkrishna's affidavit, calling it "perfunctory" and "mere lip service".

A last opportunity was given to the alleged contemnors for filing a proper affidavit.

For a detailed background, click here.

Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022