23 April 2024 6:32 AM GMT
The Supreme Court on Tuesday (April 23) asked Patanjali Ayurved if the public apology published by them in newspapers yesterday were as big as their advertisements.
A bench comprising Justices Hima Kohli and Ahsanuddin Amanullah was considering the contempt case against Patanjali Ayurvedi, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev for publishing misleading medical advertisements in violation of an undertaking given to the Supreme Court in November last year.
Yesterday, Patanjali Ayurved published advertisements in certain newspapers expressing apology for the "mistake of publishing advertisements and holding a press conference even after our advocates made a statement in the apex court". Patanjali's lawyer Senior Advocate Mukul Rohatgi informed the bench about the advertisements. Both Ramdev and Balkrishna were personally present in the Court.
"Is the apology the same size as your advertisements?," Justice Kohli asked. "It costs tens of lakhs," replied Rohatgi adding that the apology was published in 67 newspapers. "Does it cost the same tens of lakhs of rupees for the full-page advertisements you published? We are wondering", Justice Kohli asked.
The bench, while adjourning the hearing till April 30, asked Patanjali's lawyers to bring on record the copy of the apology advertisements. The bench reprimanded Patanjali's lawyers for not producing the apology advertisement.
"Cut the actual newspaper clippings and keep them handy. For you to photocopy by enlarging, it may not impress us. We want to see the actual size of the ad. When you issue an apology, it does not mean that we have to see it by a microscope.," Justice Kohli said.
The bench also expressed its intention to explore the larger issue of misleading health claims made by FMCG companies and impleaded the Ministry of Consumer Affairs and the Ministry of Information and Broadcasting as parties to the case.
The bench also sought an explanation from the Union Government regarding a letter issued by the AYUSH Ministry asking States to refrain from taking action against the advertisement of AYUSH products as per Rule 170 of the Drugs and Cosmetics Rules, 1945.
The bench also observed that the petitioner, the Indian Medical Association, also needed to “put its house in order” as there are complaints of alleged unethical conduct by doctors (IMA members). In this regard, the bench directed the adding of the Indian Medical Association as a party to the case.
Previously, the Court had refused to accept the affidavits of apology filed by Patanjali and Ramdev, after noting that they were not unqualified or unconditional. On the previous date, both Ramdev and Balkrishna personally expressed their apology to the Supreme Court, after the bench extensively questioned both of them.
During the April 10 hearing, the Court also came down heavily on the Uttarakhand State authorities for failing to take action against Patanjali under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. The Court also chided the Union Government for not acting against the COVID cure claims made by Patanjali with its "Coronil" product during the pandemic.
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022