On Monday(29th April),The Uttarakhand licensing authority suspended licenses for 14 Patanjali Divya Pharmacy products due to misleading ads. The Supreme Court will address Ramdev and Acharya Balkrishna’s published apology today(on April 30th).
Thank you for reading this post, don't forget to subscribe!![[Patanjali Row] Uttarakhand Licensing Body Apologizes to SC | Cancels Licences of 14 Products](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/patanjali1.jpg?resize=700%2C400&ssl=1)
NEW DELHI: On Monday(29th April), The Uttarakhand licencing authority has taken strict action by suspending the licences of 14 products manufactured by Patanjali’s Divya Pharmacy. This decision comes in the misleading advertisements case that has been ongoing. The licencing body filed an affidavit in the Supreme Court, stating that the licences of the aforementioned products have been suspended with immediate effect.
The banned products include Divya Pharmacy’s Drishti Eye drop, Swasari Gold, Swasari Vati, Bronchom, Swasari Pravahi, Swasari Avaleh, Mukta Vati Extra Power, Lipidom, Bp Grit, Madhugrit, Madhunashini Vati Extra Power, Livamrit Advance, Livogrit, and Eyegrit Gold.
During the previous hearing on April 23rd, the Supreme Court expressed dissatisfaction with Patanjali for not displaying their apology “prominently” in newspapers. The court questioned whether the size of the apology published by Patanjali was similar to full-page advertisements for its products. In response, Patanjali asserted that it had published an apology in 67 newspapers, emphasizing its utmost respect for the court and ensuring that such mistakes would not be repeated.
Following the court’s order, Patanjali published a larger apology in newspapers, surpassing the previous one in size. Prior to this, Ramdev and Balkrishna had tendered an “unconditional and unqualified apology” to the top court regarding the advertisements issued by the firm, which made exaggerated claims about the effectiveness of its products, including Coronil, during the pandemic.
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The Supreme Court had previously directed Patanjali to cease advertisements of its products that claimed to treat ailments and disorders specified in the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954. This directive was issued in November 2023 during the hearing of a plea filed by the Indian Medical Association (IMA) seeking action against Ramdev for criticizing modern medicine.
The Uttarakhand State Licensing Authority has now apologized before the Supreme Court for its unsatisfactory actions against Patanjali Ayurved in relation to the misleading advertisements published by the company against evidence-based medicine. In an affidavit filed through Advocate Vanshaja Shukla, the Uttarakhand body stated that it has filed a criminal complaint against Patanjali Ayurved and its founders Baba Ramdev and Acharya Balkrishna for violating the Drugs and Magic Remedies (Objectionable Advertisements) Act.
“The SLA has been diligent in fulfilling its responsibilities and has taken necessary measures to ensure compliance with the relevant Acts and Rules … Additionally, the SLA has familial obligations to fulfill, and thus, any findings by this Honorable Court could negatively impact their career … The SLA acknowledges the gravity of the situation and the seriousness of the matter, consistently striving to fulfill their duties to the best of their ability and in accordance with the law.”
-the affidavit said.
This affidavit was filed in response to a plea filed by the Indian Medical Association (IMA) against an alleged smear campaign carried out by Patanjali and its founders Baba Ramdev and Acharya Balkrishna against the COVID-19 vaccination drive and modern medicine. Previously, the top court had criticized the Uttarakhand government and the licensing body for being “hand-in-glove” with licensing officers who failed to take action against Patanjali Ayurved.
The affidavit further states that the licensing body will continue to take all necessary steps against Patanjali Ayurved Limited.
It reads-
“The SLA extends an unconditional and unreserved apology for any inadvertent and unintentional failure to comply with the orders of this Honorable Court. It assures that no deliberate or intentional actions will be taken to defy the orders of this Honorable Court or undermine its authority.”
Additionally, the affidavit mentions the immediate suspension of manufacturing licenses for 14 of Patanjali’s products under Rule 159(1) of The Drugs and Cosmetics Rules. The body has also informed the Union AYUSH Ministry about the action taken against the Indian multinational company on April 24th.
In November 2023, the Supreme Court had issued a warning stating that it may impose costs of Rs.1 crore per false claim made in each advertisement that falsely claimed Patanjali products could cure diseases. The court directed Patanjali to refrain from publishing false advertisements in the future. Subsequently, the court imposed a temporary ban on such advertisements and issued contempt of court notices to the company and Balkrishna after Patanjali failed to halt the publication of such ads.
ALSO READ: Patanjali ads: Ramdev, Balkrishna tender unconditional apology before SC
In response, Patanjali and its founders, Ramdev and Balkrishna, filed apology affidavits before the top court. However, the court expressed dissatisfaction with the initial casual apology affidavits. As a result, fresh affidavits were filed, and Patanjali published additional apologies in newspapers.
The case is set to be addressed today(on April 30th), by a panel consisting of Justices Hima Kohli and Ahsanuddin Amanullah.
Case Title:
Indian Medical Association & Anr v. Union of India and Ors.
