The Supreme Court on Tuesday issued a contempt-of-court notice to Patanjali Ayurveda and its managing director, Acharya Balkrishna, for allegedly flouting an undertaking given to the court earlier that it would not advertise its drugs and desist from making “casual statements” against “any system of medicine”.
A bench of Justices Hima Kohli and Ahnasuddin Amanullah also restrained the company from advertising or branding its products made for treating diseases or conditions as laid down in the Drugs and Magic Remedies (Objectionable Advertisement) Act 1954 and the rules framed under it.
The court also “cautioned…the respondent and its officers…from making any statements adverse to any system of medicine in the media (both print and electronic) in any form as undertaken by them on the last date”.
Plea Was Filed By The IMA
The order came on a plea that was filed by the Indian Medical Association accusing Patanjali of carrying out a smear campaign against modern medicine and vaccination.
On November 21, 2023, a bench that was presided by Justice Amanullah recorded a statement from Patanjali counsel that “henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form” and said that the company “is bound down to such assurance”
Senior advocate PS Patwalia, appearing for the IMA, today told the court that the company had continued to issue advertisements about the efficacy of its medicines though this was prohibited under the Drugs and Magic Remedies (Objectionable Advertisements) Act.
While taking up the matter in the morning, Justice Amanullah asked how the company could make such claims despite the recorded statement obtained earlier.
Posting the matter for the afternoon, he said the court might be required to pass a stinging order.
Justice Amanullah Furious Over Misleading Advertisements
As the hearing came up in the afternoon, Justice Amanullah questioned what the Ministry of Ayush had done as the petition was filed two years ago. “The entire country has been taken for a ride! For two years you wait when the Drugs Act says this is prohibited?”
Appearing for the Centre, Additional Solicitor-General KM Nataraj said the government would file a detailed reply as it had to coordinate with different departments to verify the claims.
Bengali