SC asks Patanjali to file affidavit that banned medicine ads have been removed from social media

The Supreme Court has given Patanjali Ayurved two weeks to submit the affidavit.

The Supreme Court on July 9 asked yoga guru Ramdev-backed Patanjali Ayurved to file an affidavit to confirm that posts and advertisements for its 14 banned medicines have been removed from various media platforms.

The company has two weeks to file the affidavit, the court said on July 9, weeks after it asked the company to apologise for publishing misleading claims about its drugs curing diseases such as diabetes and even COVID.

Patanjali told the court that it has written to all its franchisees and outlets to stop the sale of the 14 medicines and also take down their advertisements.

It has also instructed electronic and print media to stop publishing advertisements for these 14 medicines, it said.

Though the court was told that the company has written to social media intermediaries such as Facebook, X (formerly Twitter) and others, the court wanted to know if the posts had been taken down.

The court has also directed the Indian Medical Association (IMA), which had moved the court against the misleading advertisements, to verify if the order was complied with.

IMA president apologises 

The IMA also told the court that its president RV Asokan had apologised for giving an interview about a sub judice case and the apology has been circulated through the Press Trust of India (PTI).

"IMA has a monthly publication and a full-page ad (that) says that it expresses regret and furnished an unconditional apology by making such statements to the press. If the IMA website is opened, there is a pop-up of this apology and PTI also published it along with Economic Times, etc," the association’s lawyer told the court.

The court has exempted Asokan from appearing in person.

During the hearing in May 14, the court had come down hard on Asokan, saying, “You do exactly the same thing Patanjali did. You are not a layman; don’t you know the consequences of such things? You can’t sit on your couch lamenting the order of the court."

“What kind of example are you setting for 3.5 lakh doctors who are a part of the association?”

The scope of the case has expanded

Saying that the scope of the petition expanded beyond misleading advertisements, the Supreme Court appointed lawyer Shadan Farasat as an amicus curiae to assist the court.

'Industry should not suffer'

A number of associations representing radio, internet and television companies filed applications to intervene in the proceedings. They contended that the court's directions asking the advertisers to give a declaration regarding the nature of the ads was affecting the industry.

The court directed the ministry of broadcasting to hold meetings with the stakeholders and said the ministry of consumer affairs be made a party. The court said the industry should not suffer as the orders were passed for one sector.

In April, the court asked the advertiser to file a self-declaration that the advertisement doesn’t violate the law before it is broadcast. "The ads shall be run in channels only thereafter," the SC said.  These declarations have to be uploaded on the government’s seva portal.

On May 14, the court reserved judgment in the contempt plea against Ramdev and Patanjali Ayurved managing director Balakrishna in the case of the misleading ads.

The court issued a contempt notice to them for publishing advertisements of products in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and its Rules.

The case has since widened to other FMCG companies' exaggerating health benefits of their products, the conduct of doctors and their role in promoting such goods.