Patanjali Advertisement Controversy: All You Need to Know

The Supreme Court strongly reprimanded Patanjali Ayurved for persisting in the dissemination of misleading advertisements regarding medicinal cures.

Introduction

An Act is enacted to regulate drug advertisements in specific circumstances, prohibiting the promotion of remedies claimed to possess magical qualities, and addressing related matters. This Act is called the ‘Drugs and Magic Remedies (objectionable advertisement) Act 1954.

This Act is under surplus limelight because of the ‘Patanjali advertisement case’, so let’s dive into the intricacies of this case.

‘However big the health issue is, whether it is diabetes, blood pressure or anything else, Patanjali Ayurveda medicines have solutions to all those problems’, It’s the claim of yoga guru and co-founder of Patanjali Ayurveda Swami Ramdev.

These types of claims are circulating everywhere whether that be the mainstream media or the social media. So, here the question which arises is – what’s the big deal in this? Some exaggerated claims are used by every product manufacturer to promote and establish their products in the market.

For example: The advertisement of a beauty cream by a renowned Bollywood actress claims to enhance fairness, another such example is a powdered milk energy drink which claims that consumers will now be able to increase their height. The whole market is flooded with such advertisements, whether you are watching television or scrolling online, almost all forms of media are cluttered by these ads, these ads could be of any kind but one thing that might be common among them is the promise of excellence and a claim that the product is better than its competitors.

The thought which strikes our mind is why only Patanjali Ayurveda is facing the rage condemnation from the Supreme Court of the country as well as unprecedented criticism from the medical lobby. The probable reason might be in the form of a question...'Is Patanjali Ayurveda selling lies to its customers ?’

The foremost reason behind all this is that since 2022 several complaints have been lodged against Patanjali Ayurveda for making false claims and publishing misleading advertisements.

Dr. K.V Babu, a renowned Ophthalmologist and R.T.I activist filed the first complaint against Patanjali Ayurveda for violating the ‘Drugs and Magic Remedies (objectionable advertisement) Act of 1954.

The main accusations of the petition are that "these advertisements are accusing scientific medicines, stating that if you take allopathic medicine, such and such harmful side effects are there."

‘Coronil’ – A claimed life saviour Ayurveda medicine by Patanjali Ayurveda also attracted immense controversy amidst the false advertisement row. One important anecdote about this medicine is that during the release of this medicine in the presence of two senior leaders of the ruling party Nitin Gadkari and the then Union health minister Dr Harsh Vardhan, Patanjali Ayurveda claimed the medicine to be the cure for Coronavirus supported by the scientific backing as well as ‘goods manufacturing practices recognition’ from WHO (World Health Organization) which was further clarified by WHO as false.

Indian Medical Association also filed a petition in the Supreme Court highlighting the continuous, systematic and unabated spread of misinformation, by Patanjali, along with Ramdev’s earlier remark on modern medicine. The doctors badly criticised Patanjali’s efforts to make false and unfounded claims about curing certain diseases through the use of Patanjali products.

Repercussions

Supreme Court of India, last year in November heard the petition and expressed a prima facie opinion that Swami Ramdev along with Acharya Balkrishna had violated the provisions of Sections 3 and 4 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Rule 6 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955.

The Hon'ble Supreme Court stated that if a person contravened any of the provisions of the Act, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against, and punished accordingly.’

The Divisional bench of the Supreme Court comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah also summoned Swami Ramdev and Acharya Balkrishna the protagonists of Patanjali Ayurveda and ordered them to stop these misleading advertisements with immediate effect otherwise in case of not complying with the order, the court will impose a fine of Rs. 1 Crore on them.

After this strong remark from the Supreme Court in November last year, the advertisements are still going on and this led to the current rage of the Supreme Court.

Hence, the Supreme Court reprimanded Patanjali Ayurveda for not complying with the court’s order and despite an apology the court doubted the intention of the company. The matter is still on and the rage of the Supreme Court shows that this time Patanjali Ayurveda will have to face heavy consequences because of their negligent behaviour.

References

[1] The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, Available Here

[2] What is the Magic Remedies Act under which Patanjali is facing scrutiny, Available Here

[3] Patanjali: A long history of controversial ads by the Baba Ramdev-owned company, Available Here

[4] Patanjali faces contempt, told by SC not to issue medical ads, Available Here

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