“Mercy for One, But What About the Rest”: SC Plight of Faceless Individuals Relying on Misleading Medication

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A recent contempt plea was filed against Patanjali Ayurved and its founders, Ramdev and Balkrishna. Justices Hima Kohli and Ahsanuddin Amanullah expressed concern for the public, highlighting worries about FMCG companies, both domestic and foreign, that take advantage of people’s trust, leading to their suffering. The court firmly emphasized that such actions are completely unacceptable.

NEW DELHI: On Wednesday (10th April): The Supreme Court of India raised concern about safeguarding the health and well-being of the public, particularly those who fall victim to misleading advertisements and unregulated products. The court clarified that its objective is not to target specific individuals or entities but to establish that violations of the law will not be tolerated.

The recent contempt plea filed against Patanjali Ayurved and its founders, Ramdev and Balkrishna, a bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah to assert their concern for the general public. The court expressed its deep-rooted worry about both domestic and foreign fast-moving consumer goods (FMCG) companies that exploit people’s trust and cause them to suffer. The bench firmly stated that such practices are wholly unacceptable.

“The bench expressed concern regarding both domestic and foreign FMCG companies that seem to be taking advantage of consumers, causing them suffering, which is unacceptable,” stated the court.

During a plea from a lawyer representing the state licensing officer, who requested mercy and promised swift action, the court responded,

“While one man seeks mercy, what about the countless faceless individuals who have been relying on this medication in good faith? It has been marketed and sold as a remedy and cure for illnesses that are deemed incurable under the Act.”

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, plays a crucial role in regulating drug advertising in India. The legislation prohibits the promotion of drugs and remedies that make claims about possessing magical or miraculous properties. One of the complaints against Patanjali was filed when it advertised its product, Coronil, as a cure for COVID-19.

During the proceedings, a lawyer representing the state licensing officer appealed to the Supreme Court for leniency. The court, however, questioned the focus on one individual seeking mercy while disregarding the countless faceless individuals who have placed their trust in the misleading product. The court emphasized that these individuals believed in the marketing claims that the product could cure diseases deemed incurable under the Act.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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