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Saturday, February 15, 2025

The Fall of the Guru: Ramdev’s Patanjali Under Fire as SC Issues Showcause Notice for Deceptive Ads

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The recent directive from the Supreme Court of India has put the spotlight once again on Ramdev-owned Patanjali Ayurved and its managing director, Acharya Balakrishna. The court has ordered them to personally appear before it to address contempt proceedings initiated against them for disseminating deceptive advertisements promoting health cures.

The controversy surrounding Patanjali’s advertisements first came to light when concerns were raised over the veracity of the claims made in their promotional campaigns. Despite assurances from Patanjali’s counsel that the company would refrain from misleading advertising practices, the apex court noted that such deceptive ads persisted.

Justices Hima Kohli and Ahsanuddin Amanullah, presiding over the bench, found Ramdev and Balakrishna prima facie guilty of violating Sections 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. These sections prohibit the dissemination of advertisements that claim to cure certain diseases using drugs or remedies that are not recognized by medical science.

The court’s decision to summon Ramdev and Balakrishna underscores the gravity of the situation and the need for accountability in advertising practices. It reflects a broader concern regarding the impact of misleading advertisements on public health and consumer trust.

Earlier this year, on February 27, the Supreme Court had issued a contempt notice to Ramdev and Balakrishna in response to their misleading health cure advertisements. The court not only prohibited Patanjali from endorsing products with unverified claims of curing diseases like heart ailments and asthma but also barred the company and its officials from criticizing any medical system across any form of media.

Furthermore, the court demanded a detailed affidavit from the Central Government outlining the steps taken to remove these misleading advertisements and ensure compliance with existing laws and regulations.

This is not the first time that Patanjali Ayurved has faced legal scrutiny over its advertising practices. In a landmark judgment in November 2023, the Supreme Court sharply criticized the company for persistently circulating misleading claims and advertisements against modern medicine. The court warned that if Patanjali continued with such promotional activities, it would impose a hefty fine of ₹1 crore.

The issue of misleading advertisements has broader implications for public health and consumer rights. The Indian Medical Association (IMA) has been at the forefront of efforts to address this issue. In 2022, the IMA filed a writ petition urging the central government, the Advertising Standards Council of India (ASCI), and the Central Consumer Protection Authority of India (CCPA) to take action against advertisements that promote the Ayush system while denigrating evidence-based modern medicine.

The petition highlighted the systematic spread of misinformation undermining public trust in modern medicine. It argued that Patanjali’s unverified claims not only violate existing laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019 but also pose a threat to public health.

Moreover, the petition pointed to controversial statements made by Ramdev, including derogatory remarks about modern medicine and baseless assertions regarding COVID-19 vaccines and oxygen cylinders during the second wave of the pandemic. Such statements not only fuel misinformation but also erode public confidence in scientific interventions to combat health crises.

In conclusion, the Supreme Court’s decision to summon Ramdev and Balakrishna over misleading advertisements by Patanjali Ayurved is a significant step towards ensuring accountability in advertising practices and protecting public health. It underscores the need for stricter regulations and enforcement mechanisms to curb deceptive advertising and uphold consumer rights. It also serves as a reminder to all stakeholders, including advertisers, regulators, and consumers, of their respective roles and responsibilities in promoting transparency and integrity in advertising.

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