“The IMA needs to address alleged unethical practices within its own organization, particularly concerning the prescription of costly and unnecessary medicines,” remarked a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah.
NEW DELHI: Today (23rd April): The Supreme Court of India raised concern over alleged unethical practices by the Indian Medical Association (IMA), particularly in prescribing costly and unnecessary medications. The court emphasized the need for the IMA to rectify its internal issues and ensure that the association upholds ethical standards.
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Additionally, the court highlighted the importance of scrutinizing instances where the IMA misuses its position to endorse expensive treatments. A case filed by the IMA against Patanjali Ayurveda Ltd, accusing the company and its founders of running a smear campaign against the COVID-19 vaccination drive and modern medicine.
Justices Hima Kohli and Ahsanuddin Amanullah, constituting the bench, criticized the IMA for its alleged involvement in prescribing costly and unnecessary medicines. The court urged the association to address these concerns promptly and take measures to ensure ethical practices within its ranks. It stressed the need for a closer examination of cases where the IMA endorses expensive treatments, citing the potential misuse of its influential position.
“The IMA needs to address alleged unethical practices within its own organization, particularly concerning the prescription of costly and unnecessary medicines,” remarked a bench comprising Justices Hima Kohli and Ahsanuddin Amanullah.
The apex court emphasized the necessity for a thorough investigation into instances where the IMA misuses its authority to prescribe expensive medication and treatment protocols.
In a stern response to the IMA’s accusations against Patanjali, the Supreme Court questioned the association’s own endorsement of allopathic medicines and reminded the IMA that it should not escape scrutiny. The bench pointed out that some IMA members have also endorsed products and prescribed medicines, challenging the association’s credibility in its accusations against Patanjali.
The apex court decided to address the broader issue of misleading health claims made by Fast-Moving Consumer Goods (FMCG) companies. It impleaded the Ministry of Consumer Affairs and the Ministry of Information and Broadcasting as parties to the case, aiming to explore the extent of misleading advertisements published by these companies.
“If your doctors within the IMA are endorsing allopathic medicines, then why shouldn’t we direct our scrutiny towards you?” inquired the bench.
“The fact that your members within the IMA are endorsing such products… it’s your members who are prescribing these medicines,” the bench pointed out.
The court expressed concern over FMCG companies deceiving the public, particularly regarding products affecting the health of vulnerable groups such as babies, school-going children, and senior citizens. It sought information from the government regarding steps taken to address misleading advertisements over the past three years.
To ensure comprehensive representation and protect consumer interests, the Supreme Court directed the involvement of licensing authorities from all States and Union Territories, as well as the inclusion of the Indian Medical Association as a party in the case. The court clarified that its objective is not to target a specific party but to safeguard consumer rights, enable access to accurate information, and empower individuals to take appropriate action.
“We are widening our scope beyond just the respondents (Patanjali)… considering the extensive reach we’ve observed. Our concern now extends to all individuals, including children, infants, and women. No one should be deceived, and it’s imperative for the Union government to take action,” stated the bench.
The apex court instructed the licensing authorities of all states and Union Territories to be included as parties in the case. Additionally, it mandated the inclusion of the Indian Medical Association as a party.
“We’re not targeting any specific party here. Our focus is on safeguarding the interests of consumers and the public. They have the right to know the truth and what recourse is available to them,” emphasized the bench.
“We don’t want enlarged versions; we want to see the actual size… When you issue an ad, it shouldn’t require a microscope to read. It should be legible and understandable,” remarked the bench.
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On April 16, Ramdev and Balkrishna apologized to the Supreme Court for disseminating misleading advertisements and making derogatory comments about allopathic medicines. Ramdev assured the court that he would be more mindful of this in the future. The top court was addressing the contempt case against Patanjali Ayurved, Ramdev, and Balkrishna regarding the deceptive advertisements of their products.
During the contempt case hearing, senior advocate Mukul Rohatgi, representing Patanjali, informed the court that the company had published apologies in 67 newspapers. The court requested that the lawyers provide actual-size copies of the advertisements, emphasizing the need for readability and comprehension. The hearing was adjourned until April 30, allowing Patanjali’s representatives to present the requested documents.
