After Patanjali rebuke, Supreme Court targets makers, endorsers of deceptive food and health ads

Baba Ramdev appears before the Supreme Court in the misleading-advertisement case filed against Patanjali Ayurveda. Photo: ANI

On Tuesday, a bench comprising Justice Hima Kohli and Justices A Amanullah  said advertisers must submit self-declaration forms confirming their compliance with cable TV rules and advertising codes before airing ads.

These declarations must be uploaded onto the Broadcast Seva Portal prior to airing the ads. Additionally, within four weeks, the ministry has been tasked with establishing a system for advertisers to submit self-declarations for print media ads.

The apex court emphasized the shared responsibility of advertisers and endorsers, including celebrities and influencers, in ensuring the accuracy of advertisements. Endorsers have been warned of equal liability for endorsing deceptive products or services.

The court ordered the Ministry of Consumer Affairs, Food and Public Distribution to file a fresh affidavit on the actions taken by the Central Consumer Protection Authority (CCPA) against false or misleading ads, particularly in the food and health sectors.

Regarding Patanjali, the court instructed the removal of products from stores whose licenses have been canceled by state authorities , noting that suspended licenses should result in the immediate cessation of sales. The court also criticized a state licensing authority for failing to ensure the removal of such products from shelves.

Additionally, the court issued a notice to the President of the Indian Medical Association (IMA) regarding a contempt plea initiated by Patanjali against the IMA president for comments made on the Supreme Court.

The court’s attention to the case stems from a plea filed by the Indian Medical Association (IMA) against an alleged smear campaign by Patanjali Ayurved and its founders, Baba Ramdev and Acharya Balkrishna, against modern medicine.

In previous proceedings, the court expanded the scope of the case to include examination of violations by other FMCG companies related to misleading advertisements concerning health cures. The court also directed various ministries of the union and state departments to examine violations of the Drugs and Magic Remedies Act, Drugs and Cosmetics Act, and the Consumer Protection Act, with these ministries becoming parties to the ongoing case.

The lawsuit filed by IIMA highlighted concerns about the spread of misinformation disparaging modern medicine through Patanjali’s unverified claims, citing controversial statements by Ramdev, including those regarding COVID-19 vaccines and oxygen cylinders during the pandemic’s second wave.

On 21 November 2023 the court warned Patanjali that a fine of ₹1 crore could be imposed if it did not stop circulating misleading claims and advertisements against modern medicine. Despite the court’s ruling, Patanjali issued a media statement the following day denying any misleading claims about its products.

On 27 February the court issued a contempt notice to Ramdev and Balkrishna for persisting in distributing misleading health cure advertisements, barring Patanjali from promoting products with unsubstantiated claims of curing diseases like heart conditions and asthma. It also prohibited Patanjali and its officials from disparaging any medical system in any form of media.

On 19 March, Ramdev and Acharya Balkrishna were directed to personally appear before the court to respond to the contempt proceedings for continuing to issue misleading health cure advertisements.

On 16 April, the court gave Ramdev and Acharya Balkrishna of Patanjali a week to tender a public apology for issuing misleading advertisements for health cures.