The Supreme Court today, April 23, is hearing the contempt case against Baba Ramdev and Acharya Balkrishna in the Patanjali Ayurved misleading advertisement case. Patanjali Ayurved, co-owned by yoga guru Ramdev, has been under the radar for its advertising and branding of medicinal products claiming to cure diseases or ailments.

A bench comprising Justices Hima Kohli and Ahsanuddin Amanullah is hearing the matter. The apex court is hearing a petition filed by the Indian Medical Association (IMA) alleging a smear campaign against the COVID-19 vaccination drive and modern systems of medicine.

In the last hearing on April 16, the apex court pulled up yoga guru Ramdev and Patanjali Ayurved Ltd MD Acharya Balkrishna for their apologies saying, “You are doing it because you have no option left.”

Live Updates

* The Supreme Court pulls up the Centre for the withdrawal of the provision regulating ads for Ayurvedic, and Unani Drugs. SC questions why the Centre directed States, and UTs to not take action under provisions regulating ads for Ayurvedic, and Unani Drugs.

In 2023, the Centre notified the withdrawal of Rule 170 under the Drugs and Cosmetics Act. Rule 170 prohibits the advertisement of Ayurvedic, Siddha, and Unani drugs without the state licensing authority’s approval.

The Court observes that Patanjali has been waving this rule in response to any action. The SC pulls up the Centre, and seeks reply from four ministries on action against misleading ads – Ayush, Consumer Affairs, MIB and MEITY.

* The Supreme Court aims at the FMCG companies and bats for a larger public interest, protecting consumers from being misled by FMCGs. The Court invokes the Nestle Baby Food issue, and says it is looking at all FMCG companies that are issuing ‘misleading ads’ and ‘taking public for a ride’.

The SC orders that the provisions of Drugs and Cosmetics Act, Drugs and Magic Remedies Act, and Consumer Protection Act need to be examined.

“Our action is not limited to any one party. We are looking at all similarly situated FMCG companies who have been issuing misleading ads, and taking people for a ride. In particular looking at the health of babies and school-going children, who are consuming products on the basis of misrepresentation.”

*The Supreme Court adjourns the contempt hearing. It observes, “We will inspect how prominent the advertisements are, or if we need a microscope to view them. We will see if the ads are displayed like a classified, which no one bothers reading.”

The Court will hear the contempt case next week.

* Court refers to other recent cases of misleading advertisements by FMCGs. “Have seen recent coverage of products for babies? The government needs to answer what is being done. Children’s and babies’ lives are at stake. Several other FMCG companies as well, are going in this direction (of Patanjali).” SC  says. “What about illegal ads in print and broadcast, which Ministry looks into this?”

* “Have you published the ads prominently?,” the Court questions Baba Ramdev. “Is the apology the same size as the ads for the products? Does it cause the same as much as you spent for advertising your products? We have not yet seen the ads, will see.”

* Mukul Rohtagi, on behalf of Baba Ramdev, tells the Supreme Court that they have published a public apology, across 67 newspapers. The Court takes objection to how the ads have not been placed on record before the SC.

* Baba Ramdev arrives at the Supreme Court for the hearing.