Why the Supreme Court has temporarily banned Patanjali ads

The Supreme Court rapped Baba Ramdev-owned Patanjali Ayurved on Tuesday (27 February), imposing a temporary ban on the company’s advertisements on medicines. The apex court also pulled up the Centre for inaction against Patanjali’s “misleading and false” advertisements that claim to cure different diseases.

Noting the “entire country was being taken for a ride”, the top court said in an interim order that Patanjali “cannot advertise or market any of their medicinal products which they claim would treat ailments specified in Drugs and Magic Remedies (Objectionable Advertisements) Act”, Newslaundry reported.

What is the case against Patanjali and what did the Supreme Court say? Let’s take a closer look.

Case against Patanjali Ayurved

A two-judge bench of Justices Hima Kohli and Ahsanuddin Amanullah was hearing a plea filed by the Indian Medical Association (IMA) in 2022 accusing Patanjali of carrying out a smear campaign against modern medicine and COVID-19 vaccination.

In August 2022, the top court had questioned Ramdev for allegedly attempting to discredit allopathy and its doctors during COVID-19.

Last November, the top court ordered Patanjali to immediately stop its “false and misleading advertisements”. At the time, a bench presided by Justice Amanullah had 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”.

The apex court had also threatened to impose a fine of Rs 1 crore for every false claim made in the company’s ads about products curing ailments.

Supreme Court’s temporary ban on Patanjali ads

On Tuesday, the Supreme Court issued a contempt-of-court notice to Patanjali Ayurveda and its founders Baba Ramdev and Acharya Balkrishna for allegedly violating the court’s previous order by continuting to propagate false and misleading claims, reported Bar and Bench.

“We issue notice to show cause (to Ramdev and Acharya Balkrishna) as to why contempt of court proceedings should not be initiated against them. Reply to be filed within two weeks,” the order said.

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”.

Senior advocate PS Patwalia, appearing for the IMA, had earlier in the day told the apex court that Patanjali had continued to advertise the efficacy of its medicines.

Slamming the Central government, Justice Amanullah asked what actions were taken by the Ministry of Ayush since the plea was filed two years ago.

“The entire country has been taken for a ride! For two years you wait when Drugs Act says this is prohibited?” Bar and Bench cited the apex court as saying.

Additional Solicitor-General KM Nataraj, representing the Centre, said the government would file a detailed reply as it had to coordinate with various departments for verifying the claims.

The court had earlier asked the Central government to hold discussions and give suggestions to curb such ads.

Patanjali’s many controversies

This is not the first time that Patanjali has found itself in the middle of a row. Since its launch in 2006, the company has seen a meteoric rise that has often been marred by controversies.

In June 2020, the company stirred a major controversy after its co-founder Ramdev claimed to have found a ‘cure’ for COVID-19. Initially after the launch of ‘Coronil and Swasari’, the AYUSH ministry had asked the company to stop advertising the product until it had reviewed the documents submitted by the firm.

In February 2021, Patanjali said its Coronil has received certification from the AYUSH Ministry as per the World Health Organization (WHO) norms as a drug that can be used as a “supporting measure in COVID-19” and as an immuno-booster.

However, the United Nations health agency said later it had “not reviewed or certified the effectiveness of any traditional medicine for the treatment of COVID-19.”

Patanjali courted a row last year for allegedly using a non-vegetarian ingredient called ‘Samudra Phen’ (cuttlefish) in its dental product, Divya Dant Manjan, which had a green label indicating that it is vegetarian.

In 2015, Patanjali launched its instant noodles in the aftermath of the Maggi noodles fiasco in the country. Patanjali’s Atta Noodles featured a Food Safety and Regulatory Authority of India (FSSAI) licence number on its packets. However, FSSAI’s then-chairperson Ashish Bahuguna rejected it, saying: “How can licence be given for a product that has not been approved? I do not know how the licence was procured.” Patanjali was later issued a notice by the government for violating food safety norms.

The company’s product called ‘Divya Putrajeevak Beej’, which claimed to treat infertility, was being “sold by some (Patanjali) pharmacies as medicine that can guarantee the birth of a boy” in 2015, ThePrint reported.

In 2016, the Canteen Stores Department (CSD), the retailing platform for India’s defence forces, suspended the sale of Patanjali’s amla (gooseberry) juice from its stores it was deemed unfit for consumption.

Ramdev has also landed in a soup for his previous remarks. In 2006, he claimed that yoga can cure AIDS, leading to the Ministry of Health and Family Welfare denouncing the statement.

Doctors had also rebuked Ramdev’s “irresponsible” claim that yoga can cure cancer. “If he says a cure for cancer and AIDS is available, he might be misleading patients who may refuse treatment on the basis of his statement and suffer.’’

With inputs from agencies