• By Abhirupa Kundu
  • Tue, 23 Apr 2024 04:55 PM (IST)
  • Source:JND

The Supreme Court on Tuesday while hearing the case on misleading advertisements linked with Patanjali Ayurved Ltd raised questions on the "unethical conduct" of the Indian Medical Association (IMA) and said that all State/UnionTerritories licensing authorities, Ministry of Consumer Affairs, Ministry of Information, Ministry of AYUSH and even the Union Government should be impleaded. "Why should we not turn the beam at you?": Justice Hima Kohli questioned the IMA.

Lashing at Patanjali's pioneers, the bench comprising Justice Kohli and Ahsanuddin Amanullah pronounced, "When you issue an apology, it does not mean that we have to see it by a microscope. Is your apology as big as your advertisements?" The court was speaking on the public apology published by Patanjali in newspapers. Yoga guru Ramdev and Patanjali's managing director Balkrishna's advocate Mukul Rohatgi, appearing for the duo, said they have on Monday published the apology in 67 newspapers across the nation.

Supreme Court's Questions For The Ministries, IMA and Centre:

- Pointing finger at the authorities itself for the advertisements, the SC asked the AYUSH Ministry, "Now you seek to withdraw Rule 170. If you have decided so, what weighed with you? Why you choose to act only under the Act respondents termed as 'archaic'?"

Rule 170 of the Drugs and Magical Remedies Act required companies making Ayurvedic, Siddha, and Unani medicinal preparations to obtain clearances from the state licensing authority before running ads.

- Seeking clarification from the Union of India on certain letters issues by it, Justice Kohli asked, "Who is there for Union today? We don't see anyone. There are several other FMCGs going that way...Union has to answer where the fault line is."

The top court also pointed out that this case has to be looked at from a broader angle and not just questioning one Fast-Moving Consumer Goods (FMCG). "Not just limited to respondents before this court, but other FMCGs also publishing misleading ads taking public for a ride, in particular, affecting health of babies, school going children and senior citizens...who have been consuming their products," the apex court's bench observed.

- Justice Kohli also said that it is necessary to implead the Ministry of Consumer Affairs, etc. to examine steps taken by the Ministries to prevent abuse of Drugs and Magic Remedies Act. "Ministries to file affidavits actions taken by them to prevent misuse of abuse of aforesaid statutes and data, for present, confined to period 2018 onwards," the court said. Ahsanuddin Amanullah said that the next hearing which will be on April 30, will focus on the Central Government.

ALSO READ: Issued Unqualified Apology For Lapses: Ramdev, Balkrishna Tell SC During Misleading Ad Case Hearing

The top court's decree on Tuesday put the authorities in the ministries in a tight spot as it was pointed out that the mistake was not only on the part of Patanjali but on several levels where state and central administration was also involved. The IMA's counsel said he would look into this issue. It also asked the Centre what complaints they have received against other FMCG firms and action they have acted taken on them.