Supreme Court Expresses Displeasure At Continuation Of Patanjali's Ads For Suspended Products

“What are you doing to write to those particular agencies to bring them down,” the bench comprising Justices Hima Kohli and Ahsanuddin Amanullah strictly asked.

To recap, on an earlier hearing, the State had apprised the Court that it has suspended the manufacturing licenses of 14 products of Patanjali/Divya Pharmacy and filed a criminal complaint against the company, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. Notably, the action 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.

In view of this, the Court posed the aforesaid question to Senior Advocate Balbir Singh, who represented Patanjali.

The Counsel responded that a barrage of their ads were posted on social media. Assuring the Court, Singh said “We are conscious and by next date we will come with a complete plan.”

The Court also expressed its concern that Patanjali has collaborated with particular media channels. “Those channels are still running those (advertisements) with your statements and assurances to public. Not after November but prior to that. We do not know if it is happening even today.,” elaborate Justice Kohli.

In the same breath, Justice Amanullah also firmly told Counsel for one of the State Licensing authorities that if the products are suspended, they are “on hold.” Thus, the products cannot be dealt with in any way.

“Till it is suspended, it should not be sold. Suspended means it is out. If it is suspended then how can they sell? You will have to give a notice. You cannot wait. Again, we are back to square 1…the moment it is suspended, it goes without saying that from that date, they cannot do. Suspend means everything is on hold…Do not do everything on our prodding. This is what is bothering….You did not ask them to withdraw. Now, we are asking them. You will have to tell them that suspension means that you cannot deal with them...We are running out of patience against your officers.”

Adding to this, Justice Kohli said that it is not for the Court to tell the Licensing Authority what needs to be done. 

Following this, Singh asked for the personal appearance of Patanjali's managing director, Acharya Balkrishna, and co-founder, Baba Ramdev to be exempted. However, the Court shot this request, saying the same can be done only by filing an application to that effect.

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

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