- Sunday, May 05, 2024
The Supreme Court sought response from three federal ministries of India on measures they have taken to restrict practices that take the “public for a ride” and affect their health.
By: Twinkle Roy
THE Supreme Court of India on Tuesday (23) expanded the scope of its hearing in the Patanjali Ayurved case, taking a stern view of misleading advertisements by FMCG (fast-moving consumer goods) firms and sought response from three federal ministries of the country on measures they have taken to restrict practices that take the “public for a ride” and jeopardize their health.
The court emphasised that its actions were not aimed only at yoga guru Ramdev and his company, Patanjali, but had broader concerns for public welfare.
“We must clarify that we aren’t here to gun for a particular company or authority. Our endeavour is to act in the public interest against FMCGs and drug companies that have been misleading the public. It’s a part of the process of the rule of law,” said a bench comprising justices Hima Kohli and Ahsanuddin Amanullah.
Read: India top court blasts authorities in Patanjali ads case: ‘Will rip you apart’
As the court addressed a contempt case involving Ramdev and Patanjali’s managing director Balkrishna for disobeying court orders prohibiting Patanjali Ayurved from airing misleading advertisements on health cures, the court opted to expand the scope of the issue. It now encompasses modern medicine practitioners, commonly referred to as allopathy in India, who stand accused of prescribing unnecessary and costly medications.
The court underscored allegations suggesting that some allopathic practitioners might prioritize pharmaceutical affiliations over patient well-being.
The court passed the order after Ramdev and Balkrishna told the bench that they have tendered an unqualified public apology in as many as 67 newspapers over misleading advertisements and are willing to issue additional advertisements expressing their contrition.
The bench said the public apology published in newspapers were not on record and asked those to be filed within two days. It posted the matter for April 30 for further consideration.
Read: India top court pulls up yoga guru Baba Ramdev over ‘misleading’ ads
Senior advocate Mukul Rohatgi, appearing for Ramdev and Balkrishna, told the bench they have issued on Monday (22) unqualified apology for the “lapses” on their part.
“Where? Why it is not filed?” the bench asked.
Rohatgi said it was issued on Monday in 67 newspapers in India.
When the court asked the senior advocate why did the respondents wait for a whole week before publishing the public apology, Rohatgi said, “Its language had to be changed”.
The court also asked him about the size of advertisements.
“Is it the same size of advertisements that you normally issue in newspapers?” it asked Rohatgi, who submitted that they cost millions of rupees.
The bench ordered that the apology published be filed on record and added it wanted to see the actual advertisement published in newspapers.
During the hearing of the Patanjali case, the apex court noted the necessity for a closer examination of the enforcement of pertinent provisions within the Drugs and Magic Remedies (Objectionable Advertisements) Act, the Drugs and Cosmetics Act, the Consumer Protection Act, and their associated regulations.
(with agency inputs)
