THE CONTEXT: The Supreme Court of India issued a contempt notice against Patanjali Ayurved for publishing misleading advertisements in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, despite the company’s assurance to the Court in November 2023 that it would refrain from such practices. The Court threatened Patanjali’s co-founder Baba Ramdev with perjury proceedings. It blamed the government for turning a blind eye to the company’s claims, including promoting Coronil as a “cure” for COVID-19 during the pandemic.
ISSUES:
- Contempt of Court by Patanjali Ayurved: The Supreme Court of India issued a contempt notice to Patanjali Ayurved for publishing misleading advertisements that claimed their products could cure various diseases, which violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. This was despite the company’s previous assurance to the Court that it would not engage in such practices.
- Government Inaction: The government did not take sufficient action to inform the public that Patanjali’s product, Coronil, was not a cure for COVID-19 but merely a supporting measure. The presence of Union Ministers at a Patanjali press conference in 2021 lent credibility to the company’s claims about Coronil.
- False Advertising During the Pandemic: Patanjali was accused of promoting its products as a panacea during the COVID-19 pandemic, a blatant violation of the Act.
- Defiance of Court Orders: Despite a warning from the Court on November 21, 2023, not to advertise permanent cures and the threat of a penalty, Patanjali continued to defend and promote its products, including holding a press conference the day after the Court’s warning and issuing newspaper advertisements in December and January.
- Potential Government Support: Patanjali’s continued defiance and misleading advertising could be due to tacit support from the government, mainly as the company is based in Uttarakhand, where the government may have interests.
- Public Health Risks: The danger of allowing commercial interests to take precedence over public health and safety, emphasizing that government favoritism in health and medicine can have severe and harmful consequences.
THE WAY FORWARD:
- Strict Adherence to Court Orders: The Supreme Court has already taken a significant step by issuing a contempt notice to Patanjali Ayurved and its associates for violating previous court orders. A solution is to enforce these orders strictly, with penalties for non-compliance, as was done in the case of Patanjali.
- Ministry Oversight: The Ministry of Ayush and other relevant government bodies must proactively monitor and regulate advertisements to prevent misleading claims. This includes taking urgent action and self-monitoring as urged by the Supreme Court.
- Consumer Awareness Campaigns: Government and non-governmental organizations can run campaigns to educate the public about the importance of evidence-based medicine and the risks associated with believing in unverified health claims.
- Transparency in Research: Companies like Patanjali should be encouraged or mandated to publish peer-reviewed research to support their claims, as the Supreme Court asked Patanjali to produce research evidence.
- Regulatory Action: The Federal Trade Commission (FTC) in the United States has a history of acting against companies making unsubstantiated health claims. For instance, in 2016, the FTC reached settlements with four companies marketing weight-loss products with unsupported claims.
- Legal Action: In 2009, the UK’s Advertising Standards Authority (ASA) banned a L’Oréal makeup advertisement for being misleading, demonstrating the role of legal bodies in regulating false advertising.
- Partnerships for Self-Regulation: Industry stakeholders can form self-regulatory bodies, such as the Advertising Standards Council of India (ASCI), which can set ethical advertising standards and adjudicate complaints against misleading advertisements.
THE CONCLUSION:
The solutions to the issues raised by the misleading advertisements of Patanjali Ayurved involve a combination of strict legal enforcement, proactive regulatory actions, public awareness campaigns, transparency in research, and collaboration between various stakeholders. By implementing these solutions, it is possible to protect consumers from false health claims and uphold the integrity of the healthcare industry.
UPSC PAST YEAR QUESTIONS:
Q.1 What is the primary (principle behind vaccine development? How do vaccines work? What approaches were adopted by the Indian vaccine manufacturers to produce COVID-19 vaccines? 2022
Q.2 The COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are readily available to overcome the crisis. Give an account of how technology was sought to aid pandemic management. 2020
MAINS PRACTICE QUESTION:
Q.1 Discuss the Supreme Court’s recent actions against Patanjali Ayurved for publishing misleading advertisements and analyze the government’s role and responsibility in addressing such violations of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
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