New Delhi: The Supreme Court expressed strong displeasure towards the Uttarakhand government’s drug licencing authority on Wednesday. It questioned why and how the authority did not take action against misleading advertisements released by Baba Ramdev’s Patanjali Ayurved, particularly regarding Coronil, a product claimed to be a “cure” for COVID-19.
Justices Hima Kohli and Ahsanuddin Amanullah, clearly unhappy with what they perceived as insincere apologies from the company and its founders, focused their attention on Dr. Mithilesh Kumar, the Joint Director of the state’s Food and Drug Administration.
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Dr. Kumar, at one point, appealed for leniency with folded hands.
Dr. Kumar stated to the court,
“Please forgive me, I joined in June 2023. This occurred prior to my tenure.”
The court, however, remained firm.
Justice Kohli questioned,
“What reason do we have to be lenient? How could you have the audacity to commit such acts? What measures did you implement?” She further emphasized, “While one person seeks forgiveness, what about the innocent individuals who relied on these medications?”
The court, which moments ago also strongly criticized Patanjali Ayurved and its co-founders Baba Ramdev and Acharya Balakrishna for repeatedly disobeying its directives and submitting improper affidavits, displayed little compassion towards the official or the drug licensing authority. Consequently, it suspended three officers from the authority.
The court expressed strong dissatisfaction, stating,
“Now they (drug officials) are cornered, claiming ‘we issued a warning’,” while rejecting claims that the Uttarakhand FDA had taken action by merely warning Patanjali.
The court emphasized,
“In 2021, the (Union Health) Ministry wrote to the Uttarakhand licensing authority regarding a deceptive advertisement. Nevertheless, the authority let the company off with just a warning. The 1954 act does not mention warnings, nor does it allow compounding of the offense,”
The law under consideration is the Drugs and Magic Remedies (Objectionable Advertisements) Act.
The Supreme Court remarked,
“This occurred on six occasions with no progress. The licensing inspector stayed silent. There is no report from the responsible officer. the subsequent appointee behaved similarly,”
Directing its frustration towards Dr. Kumar, the court questioned his failure to seek legal counsel upon receiving the Health Ministry’s notice,
“Have you familiarized yourself with the law? Did you believe a warning sufficed? What does this law stipulate? What actions did you pursue?”
The officer responded,
“We will take action now,”
The court responded firmly,
“No, you will now take a break for a few days. Or you can remain in the office and draft letters. You are endangering public health!”
Today’s harsh criticism of the state drug authority follows last week’s condemnation of Patanjali Ayurved’s co-founders for their “absolute defiance” of the highest court.
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Justices Kohli and Amanullah also raised serious concerns with the central AYUSH Ministry, questioning,
” Why it had not intervened against the company despite its “shameful” advertisements that undermined modern medicine”
In February, the court also criticized the central government for “sitting with eyes closed”
The court addressing a contempt case against Patanjali regarding the dissemination of advertisements containing false assertions about its products and their medical effectiveness. On February 27, the court instructed Patanjali to stop all electronic and print ads that provided misleading information, effective immediately.
The co-founders of Patanjali submitted an affidavit agreeing to comply, but it alleged that advertisements with such claims continued to be published.
The entire legal matter originated last year following a petition filed by the Indian Medical Association, alleging a smear campaign by Baba Ramdev against the Covid vaccination campaign and modern medicine.