Last Updated on April 25, 2024 by Neelam Singh
Quick Take
On February 27, the Supreme Court issued a contempt notice to Patanjali Ayurved for spreading misleading advertisements promising permanent cures for various diseases. It has encountered criticism from Patanjali supporters. They allege that the Supreme Court is wrongly accusing Patanjali to favour the western pharma companies. We fact checked and found it to be false.
The Claim
According to an X user, “SupremeCourt is blind and follows corrupt western pharma companies.🤯😡🤬”
Fact Check
Why is the Supreme Court so angry with Patanjali Ayurved?
It all started in August 2022 when the Indian Medical Association (IMA) decided to take legal action because of a Patanjali advertisement. This ad was called “Misconceptions spread by allopathy: Save yourself and the country from the misconceptions spread by pharma and medical industry.”
The IMA had two major concerns. First, they said that Patanjali was spreading wrong information to tarnish allopathy. They alleged this was on purpose and that Patanjali was doing it continuously. Second, they said Patanjali was claiming its ayurvedic drugs worked really well, even though there wasn’t substantial scientific proof. This went against the regulations that said you couldn’t make these kinds of claims in India. The IMA claimed Patanjali was breaking two laws: the Drugs and Other Magical Remedies Act, 1954 (DOMA) and the Consumer Protection Act, 2019 (CPA).
On November 21, 2023, two judges from the Supreme Court of India, named Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, cautioned Patanjali about advertising products as permanent cures. They warned if Patanjali continued to do this, they would levy a fine of Rs 1 crore for each product with such claims. The court didn’t engage in the “Allopathy vs. Ayurveda” at that time.
Even though Patanjali promised the court they wouldn’t break any laws, especially about advertising their products, and they wouldn’t tarnish the image of any medical system, they failed to keep their word. Right after the court warning, Baba Ramdev praised Patanjali products in a press conference. After that, ads of Patanjali products were showed up in newspapers and in mainstream media between December 2023 and January 2024. These actions went against what Patanjali had promised the Supreme Court.
Is it true that the Supreme Court is wrongly accusing Patanjali Ayurved?
No, the Supreme Court is not accusing Patanjali Ayurved without any reason. The Supreme Court stands against misleading medical advertisements to safeguard the highly vulnerable Indian population. People, especially from the marginalised communities or the urban lower/middle class lack appropriate medical knowledge, and tend to place their faith in the indigenous approaches which offer cheaper solutions to their healthcare problems. This makes it fairly easy for false advertisements to influence people’s healthcare choices and eventually affect their health outcomes.
The person in the video mentions that the Supreme Court conveniently ignores other FMCG products that engage in false advertisements. Examples from his side include a fizzy drink and a fairness cream. Both of these products do not fall under the category of medicines/drugs, and they do not claim they can cure diseases. One of them, the fairness cream company, has already faced legal action and was forced to change its name because the earlier brand name was considered discriminatory against dark-skinned people. About the fizzy drink, it is very well known that fizzy drinks are considered unhealthy. Moreover, these companies do not influence their consumers’ healthcare choices. In India, we have strict laws in place for ensuring the adherence to regulations for FMCG products. Our government has established the Food Safety and Standards Authority of India (FSSAI). The FSSAI sets guidelines and oversees the production, storage, distribution, sale, and imports of food to ensure compliance with food safety standards. It regularly conducts surveillance, monitoring, inspections, and random sampling of food products. These actions are aimed at addressing instances of adulteration.
Furthermore, our government recognises the importance and positive impact of our age old ayurvedic medicine system and yoga, and hence has established the Ministry of AYUSH. The Union government believes in revitalising the ancient systems of medicine as an approach to improve public health.
What is the DOMA and the Consumer Protection Act?
According to the rules we have now, if someone perpetuates false advertisements, they can get in trouble. For the first offence, there is a jail term for six months and/or a fine under the Drug and Magic Remedies (Objectionable Advertisements) Act (DOMA). For a repeat offence, the punishment could be up to one year in jail.
On the other hand, the Consumer Protection Act has stricter consequences. The offender can go to jail for up to two years and a fine of around Rs 10 lakh. Repeat offenders could end up in jail for five years with a fine of about Rs 50 lakh.
The government has assured they will look into these claims and take the necessary action, ensuring ads for Ayurvedic and Allopathic over-the-Counter drugs adhere to the regulations.
The Supreme Court has also reprimanded the Indian government
The Supreme Court held the government responsible once again, stating, why did the Union government take no action against Patanjali when it was publicly claiming that there is no cure for COVID in allopathy! The Court further asks, when the Centre’s Solicitor Tushar Mehta himself acknowledged that their product (Coronil) has no scientific backing, what did the government do to publicise the same?
The court has also criticised the Uttarakhand government for not taking any action against the Patanjali Ayurved company.
Latest Development
On Tuesday, April 16, Baba Ramdev, one of the co-founders of Patanjali Ayurved, appeared before the Supreme Court and offered an unconditional apology. He expressed regret for the dissemination of misleading advertisements and for making derogatory remarks against Allopathic medicines, actions that violated a commitment previously made to the Court.
On Wednesday, April 24, Patanajli issued an unconditional apology in major newspapers of the country. This came one day after the Supreme Court’s inquiry to Patanjali, about the size and cost of its published apology compared to its typical prominent advertisements for herbal medicines. (To give more context, they had published an apology in major newspapers on April 23 too.)
The earlier public apology was smaller in size, as per the Supreme Court:
Thereafter, the company released a larger apology in newspapers on April 24. Here is a screenshot of the same:
Previous examples of Patanjali flouting the laws and regulations
In 2017, the Ayurveda and Unani Office in Haridwar, as disclosed in a Right to Information response, found Patanjali’s Divya Amla Juice, suggested for individuals with diabetes, and Shivlingi Beej to be of ‘substandard quality’.
In December 2022, Nepal’s drug regulator blacklisted Patanjali’s Divya Pharmacy for not meeting WHO’s drug manufacturing standards. Further reports have also highlighted worries about Patanjali’s inadequate quality control procedures and the absence of strong clinical trial evidence.
Why was this action needed?
The success of Patanjali and its avoidance of legal scrutiny reveal a concerning problem: the limited access to affordable healthcare. Many disadvantaged people are caught in a difficult situation, forced to choose between waiting for conventional medical treatment or being misled by deceptive advertising, which worsens their situation. Launching Coronil kit at such a vulnerable time (COVID pandemic), and doing a whopping business of 250 crores Indian rupees in just 4 months shows the power of misleading ads and people’s feeling of helplessness. It is important to note that the Uttarakhand Ayurvedic Drug Testing Laboratory found the ‘Divya Anu Tail’ (included in the Coronil kit) to be of substandard quality.
These false advertisements not only violate the law but also put public health at risk by spreading misinformation about proven treatments and targeting vulnerable people. Patanjali’s misleading ad campaigns are recognized as a serious public health issue that needs immediate action. The recent decision by the Supreme Court is a positive step towards improving the regulations governing this healthcare system.
Hence, we came to the conclusion that the accusations on Patanjali Ayurved are not unjustified.
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