Achi news desk-
GUWAHATI: The Supreme Court on Tuesday, May 7, expressed serious concern over misleading advertisements for Patanjali products, which have been banned but are still circulating on various online platforms. A bench of Justices Hima Kohli and Ahsanuddin Amanullah asked Patanjali’s lawyer about the steps being taken to remove these advertisements.
Judge Kohli asked, "We would like to point out to you, that your misleading ads about your now banned products… are still available in various channels on the Internet – what are you doing to take them down?"
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Senior advocate Balbir Singh, representing Patanjali, assured the court that the company would come up with a plan to deal with this concern by the next hearing. "A barrage of these ads were posted on social media that was completely off [Patanjali's] control. We are aware, by the next date we will arrive with a full plan," he said.
Amanola added that Patanjali should not be allowed to sell products for which licenses have been suspended. "If the license is suspended, do not sell the product. We need to give notice [otherwise]! The moment he is suspended, from that day they can’t do it. The same should be pending. Take it off," he said.
Also Read: Licenses of 14 Patanjali products suspended by Uttarakhand after Supreme Court announcement
The court reprimanded one of the country’s licensing authorities for not taking care of removing this type of product from the shelves. The bench expressed its frustration with officials for not acting on the license suspension.
The court also took notice of an alleged media interview by the president of the Indian Medical Association (IMA), in which he criticized the Supreme Court’s comments in an earlier hearing, and expressed dissatisfaction with the way the court had handled matters. The bench issued a notice to the IMA president, asking him to respond by May 14.
The Supreme Court heard a petition filed by IMA against Patanjali and its founders, alleging a smear campaign against the COVID-19 vaccine drive and modern medicine. However, the scope of the case was expanded to examine broader issues, including misleading advertisements and unethical practices in modern medicine.
Also Read: Supreme Court on Patanjali: Was your apology as big as your misleading ads?
In addition, the court issued several guidelines on misleading ads, including:
• Broadcasters or print media must submit a self-declaration form before running advertisements to ensure compliance with cable network rules, advertising code, etc.
• The ministries must establish a process that will allow consumers to submit complaints against misleading ads and verify that these complaints are acted upon.
• Product endorsers must have adequate knowledge or experience with the products they promote to ensure that the recommendations are not misleading.
• The Ministry of Consumer Affairs, Food and Public Distribution was instructed to submit a new affidavit on the action of the Central Consumer Protection Authority (CCPA) regarding misleading advertisements, mainly in the food and health sector.
Also Read: Supreme Court Raises Ramdev’s ‘Defiant’ Over Misleading Patanjali Ads; Censor Center
Furthermore, the court recorded the central government’s decision to withdraw the August 2023 letter that stayed the operation of Rule 170 of the Drugs and Cosmetics Rules, 1945, against misleading AYUSH advertisements.
