On Tuesday, the Supreme Court instructed the government to develop a comprehensive system to prevent misleading advertisements that make unverified claims about curing various diseases. The court also rebuked Baba Ramdev and his company, Patanjali Ayurved Limited, for making derogatory remarks about modern medicine and discrediting its practitioners.
The bench, led by Justice Ahsanuddin Amanullah, deemed Patanjali’s actions a blatant violation of the law and warned of potential fines of ₹1 crore for each product if such practices persisted.
Supreme Court Takes Action Against Misleading Advertisements Discrediting Allopathic Medicine
The court was addressing a petition filed by the Indian Medical Association (IMA), seeking an order against misleading advertisements that claim to cure all ailments while discrediting allopathic doctors. The petition cited a Patanjali advertisement from July last year that questioned the efficacy of allopathic medicines. The court expressed no intention to engage in a debate on the superiority of allopathy versus ayurveda and urged the government to devise a comprehensive solution to tackle misleading claims.
The bench, also including Justice PK Mishra, scheduled the matter for February 5 and instructed the Additional Solicitor General KM Nataraj to address the issue holistically. Patanjali’s representative, senior advocate Sajan Poovayya, assured the court that the company would refrain from publishing misleading statements or making casual remarks on the issue.
IMA Alleges Misinformation Campaign by Baba Ramdev: Legal Violations and Ongoing Concerns
The IMA accused Baba Ramdev of spreading false information, running a campaign to malign doctors, and creating doubts about allopathy. The association argued that Patanjali’s claims, such as offering permanent solutions for various diseases, violated the law. The IMA contended that the misinformation campaign against allopathy continued unabated, with no action from state authorities.
Under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, publishing advertisements claiming to cure diseases is prohibited. Section 3 of the Act specifically prohibits advertisements related to the diagnosis, cure, mitigation, treatment, or prevention of lifestyle diseases. The IMA emphasized that Patanjali’s assertion of eradicating asthma contradicted the Drugs & Cosmetics Rules 1945.
The IMA further informed the court that during the COVID-19 pandemic, Baba Ramdev falsely claimed to have developed a cure, prompting the government to issue a notice. Ramdev’s derogatory remarks about allopathy during the second wave of the pandemic led to criminal cases filed against him in various states. Ramdev had approached the Supreme Court seeking consolidation of these cases, while a defamation suit filed by the IMA against him is pending before the Delhi High Court. Ramdev filed an affidavit in January 2023, acknowledging practitioners of modern medicine and advocating for vaccination.
