 "Shouldn’t need microscope to see apology: SC asks Patanjali if sorry post in papers was same size as ads")
The Supreme Court, hearing the Ramdev-owned Patanjali Ayurved misleading ads case, on Tuesday, asked if the public apology published by the company in 67 newspapers over its conduct was of equal full-page size in which they advertised its products.
During the hearing, Mukul Rohatgi, appearing for Ramdev informed the apex court that Patanjali has now published public apologies in 67 newspapers over its conduct which allegedly cost “tens of lakhs”.
Replying to Rohatgi, Justice Hima Kohli asked, “Is the apology of the same size as your earlier advertisements?”
The court also asked Patanjali Ayurved why the apology was published yesterday (April 22) only.
A bench comprising of Justice Kohli and Justice Ahsanuddin Amanullah was hearing the contempt case against Patanjali Ayurveda for publishing misleading medical advertisements in violation of an undertaking given to the Supreme Court in November last year.
On Monday, Patanjali Ayurved published ads in certain newspapers expressing an apology for the “mistake of publishing advertisements and holding a press conference even after our advocates made a statement in the apex court”.
Patanjali Ayurved misleading ads case: What did SC say?
During the hearing on Tuesday, Yog guru Ramdev and his aide, as well as Patanjali Ayurved co-founder, Balkrishna were present in the court.
The top court ordered lawyers of Patanjali to collate the apology advertisement and bring it before the court on April 30 when it will hear the matter again.
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More Shorts‘Enlarging won’t impress us, want to see actual size of ad’
“Cut the actual newspaper clippings and keep them handy. For you to photocopy by enlarging, it may not impress us. We want to see the actual size of the ad,” Justice Kohli said.
“When you issue an apology, it does not mean that we have to see it by a microscope,” she added.
SC criticises Govt, says it must wake up to this
During the hearing on Tuesday, the SC also criticised the Union government for its lax oversight and said: “Now we are looking at everything… we are looking at children, babies, women, and no one can be taken for a ride and the Union government must wake up to this."
The court also pulled up key government ministries and asked the Ministry of Consumer Affairs and the Ministry of Information and Broadcasting to address the concerns about regulatory measures.
The bench also expressed its intention to explore the larger issue of misleading health claims made by FMCG companies.
“FMCGs also publishing misleading ads taking public for a ride, in particular, affecting health of babies, school-going children and senior citizens who have been consuming their products. Court asks licensing authorities of all States and Union Territories to be impleaded as parties in the case," the court said.
The court also sought an explanation from the Union Government regarding a letter issued by the AYUSH Ministry asking States to refrain from taking action against the advertisement of AYUSH products as per Rule 170 of the Drugs and Cosmetics Rules, 1945.
“Not here to gun for a particular party, it is in the larger interest of consumers or the public on how they are being misled and their entitlement to know the truth and what steps they can take," the apex court said.
The bench also observed that the petitioner, the Indian Medical Association (IMA), also needed to “put its house in order” as there are complaints of alleged unethical conduct by doctors (IMA members).
“Your (IMA) doctors also endorsing medicines in the allopathic field. If that’s happening, why should we not turn the beam at you (IMA)? asks the Supreme Court from IMA," the court said.
With inputs from agencies
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