GUWAHATI: The Supreme Court expressed serious concern on Tuesday, May 7, over misleading advertisements for Patanjali products, which have been prohibited but are still circulating on various online platforms. A bench of Justices Hima Kohli and Ahsanuddin Amanullah asked Patanjali's counsel about steps being taken to remove these advertisements.
Justice Kohli asked, "We want to point out to you, that your misleading ads about your products that have now been prohibited... are still available on various channels on the internet – what are you doing to bring them down?"
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Senior advocate Balbir Singh, representing Patanjali, assured the Court that the company would come up with a plan to address this concern by the next hearing. "A barrage of these ads were being posted on social media which was completely out of [Patanjali's] control. We are conscious, by next date we would come with a complete plan," he said.
Amanullah added that Patanjali should not be allowed to sell products for which licences were suspended. "If licence is suspended, the product should not be sold. We have to give a notice [otherwise]! The moment it is suspended, from that day they cannot do. The same should be on hold. Take it off," he said.
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The Court rebuked one of the state licensing authorities for not ensuring that such products were taken off the shelves. The bench showed its frustration with officials for not acting on the license suspension.
The Court also took notice of an alleged media interview by the Indian Medical Association (IMA) President where he criticised the Supreme Court's observations in an earlier hearing, indicating dissatisfaction with how the Court handled matters. The bench issued notice to the IMA President, demanding a response by May 14.
The Supreme Court was hearing a petition filed by the IMA against Patanjali and its founders, alleging a smear campaign against the COVID-19 vaccination drive and modern medicine. However, the scope of the case has been expanded to examine broader issues, including misleading advertisements and unethical practices in modern medicine.
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Additionally, the Court issued several directions on the issue of misleading ads, including:
• Broadcasters or print media must file a self-declaration form before carrying advertisements to assure compliance with Cable Network Rules, Advertising Code, etc.
• Ministries must establish a process to enable consumers to lodge complaints against misleading ads and ensure these complaints are acted upon.
• Endorsers of products must have adequate information or experience with the products they promote, ensuring that endorsements are not deceptive.
• The Ministry of Consumer Affairs, Food, and Public Distribution was instructed to file a fresh affidavit on the action taken by the Central Consumer Protection Authority (CCPA) regarding misleading ads, especially in the food and health sector.
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Furthermore, the Court took on record the Central government's decision to withdraw an August 2023 letter that suspended the invocation of Rule 170 of the Drugs and Cosmetics Rules, 1945, against misleading AYUSH ads.
