Despite a recent Supreme Court contempt notice issued against Patanjali Ayurved Limited for misleading advertisements, Uttarakhand authorities are yet to take any significant action against the company.
This raises questions about the efficacy of regulatory bodies in holding corporations accountable for their advertising practices.
Uttarakhand Authorities shows no haste
The lack of action from Uttarakhand authorities raises concerns about the state’s commitment to enforcing regulations and protecting consumer rights.
“After the SC order on the 27th of February, a warning was reportedly issued by the Union Ayush Ministry to the Supreme Court as per an affidavit. In its affidavit, the ministry attached a March 12 letter on the action taken report concerning the misleading advertisement of products manufactured by Divya Pharmacy. This letter in question was written by the Ayurveda and Unani Services, Licensing Authority, Uttarakhand after information was sought by the ministry.” quote ‘The Wire’ in its article on April 01, 2024.
The letter read, “Before receiving directions from the Ministry of Ayush, various letters were issued to the relevant drugs inspectors/district Ayurvedic and Unani officers in Haridwar to take action against the violation of the Drugs and Magic Remedies Act, 1954 by the company,”.
The ministry further explained that notices were issued with association to the non-compliance of Rule 170 of the Drugs and Cosmetics Act, which deals with ludicrous advertisements.
As per the report, the alleged company stayed firm that no actions could be taken against them due to the sub-judice nature related to Rule 170. Opposing the claims of Patanjali, RTI activist Dr. K.V. Babu said, “Rule 170 is being wrongly interpreted and action can be taken against Patanjali under the Magic Remedies Act since complaints were under this Act only” in his explanation to the Ayush Ministry and Authorities of Uttarakhand.
The delay in taking action against Patanjali by Uttarakhand authorities highlights the need for a more robust regulatory framework and stronger enforcement mechanisms to curb deceptive advertising practices.
Patanjali’s journey from being a trustable brand to a ‘sham’
Patanjali, founded by yoga guru Baba Ramdev, has been known for its aggressive marketing campaigns promoting its products as natural and effective remedies for various ailments. In its initial years, the company had mustered a mammoth number of beliefs from its consumers, making it India’s biggest and most successful Ayurveda Brand which promised to outclass allopathic treatment. However, several of its claims have come under scrutiny for lacking scientific evidence or for being outright false.
In February 2024, the Supreme Court took cognizance of a contempt petition filed by the Indian Medical Association, which held Patanjali responsible for releasing misleading advertisements. During the hearing on that day, Justices Hima Kohli and A Amanullah slammed Patanjali Ayurved for airing advertisements despite previous court orders issued last year. The bench said, “Despite our warning, you are saying your products are better than chemical-based medicines”. The apex court had previously directed the company to stop airing such advertisements that claimed to cure COVID-19 and other diseases without scientific evidence.
In the grim era pandemic, Patanjali launched several products that promised a ‘100% cure’. The top court reprimanded Patanjali that the “entire country was being taken for a ride” through such misleading advertisements. Patanjali Ayurved and Acharya Balakrishnan were granted three weeks to respond to the contempt notice.
The Supreme Court of India asked Patanjali, “What do you mean by permanent relief to the diseases? It means only two things – either death or cure,” referring to their misleading ads which claimed that their products provided complete ‘cure’ to many diseases.
The contempt notice to Baba Ramdev and Acharya Balakrishnan served as a stern warning to Patanjali, highlighting the seriousness of the issue. However, despite this legal development, Uttarakhand authorities, where Patanjali’s headquarters are located, have not taken any visible action against the company.
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