Patanjali Ayurved MD Acharya Balakrishna has submitted an affidavit in the Supreme Court in which he has offered an unconditional apology for playing misleading advertisements. In the last hearing the top court came down heavily on both Baba Ramdev and Acharya Balakrishna for not replying to show cause notice issued to them in contempt of court proceedings. The apex court directed both of them to appear in person in court on April 2.
Balakrishna has told the court that the said advertisement was meant to contain only general statements and inadvertently included the offending sentences. The Indian Medical Associations (IMA) had moved the top court seeking direction to the Centre, Advertising Standards Council of India (ASCI), and the CCPA (Central Consumer Protection Authority of India) to take action against advertisements and campaigns that promote the AYUSH system by downgrading Allopathy.
The IMA raised concern over misleading statements by Baba Ramdev against allopathy and false claims by Patanjali of curing certain diseases in advertisements. The IMA has contended that despite the Ministry of AYUSH signing a Memorandum of Understanding (MoU) with the ASCI for monitoring misleading advertisements, Ramdev continues to flout norms.
IMA's plea referred to an advertisement published in July, 2022, titled "Misconceptions spread by Allopathy: Save yourself and the country from the misconceptions spread by pharma and medical industry."
IMA also raised concerns over instances when Swami Ramdev made controversial statements and called allopathy a "stupid and bankrupt science." Ramdev is accused of making unfounded claims about the deaths of people due to allopathic medicines during the COVID-19 pandemic.
Patanjali is also accused of spreading false rumors about COVID-19 vaccines as well. The IMA contended that while Patanjali has the right to promote its products, the unverified claims made by it violate the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019.
Balakrishna has submitted in the court that he will ensure that such advertisements are not issued in the future.
"By way of clarification, not as defence, the Deponent bengs to submits that its intention is only to exhort the citizens of this country to lead a healthier life by consuming products of Respondent No.5 (Patanjali) including products for lifestyle ailments through the use age old literature and materials supplementing and backed by ayurvedic research."
Interestingly, the Patanjali MD has called the Drugs & Other Magic Remedies Act, 1954, archaic in his submission.
The Supreme Court had issued a show cause notice to Baba Ramdev's Patanjali Ayurveda and its Managing Director Acharya Balakrishna for causing contempt over running misleading advertisements despite an undertaking to the top court. The court took a prima facie view and said that the company has violated the November 2023 order by the apex court and its own undertaking by carrying out misleading advertisements about curing diseases that fall under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. The top court also pulled up the Centre for not taking any action against Ramdev and his company.
In the last hearing the court rapped Ramdev and Patanjali Ayurveda for not filing a response to this contempt notice.