Supreme Court Directs Removal Of Patanjali’s Misleading Online Ads And Suspension Of Sales For Prohibited Products

Nithyakalyani Narayanan. V

On May 7, the Supreme Court expressed concern over the persistence of misleading advertisements for Patanjali products despite their prohibition, which is still accessible on certain online platforms. Justices Hima Kohli and Ahsanuddin Amanullah raised the issue with Patanjali’s counsel, inquiring about the steps being taken to remove these ads. Senior Advocate Balbir Singh assured the division Bench that Patanjali would devise a plan to address the matter before the next hearing, acknowledging the challenge of controlling the dissemination of such ads on social media.

The Court emphasized that products for which licenses were suspended should not be sold, urging authorities to ensure their removal from shelves promptly. Criticism was also directed towards a state licensing authority for not effectively enforcing this measure.

Furthermore, the Court refused a request to extend exemptions for the personal appearances of Baba Ramdev and Acharya Balkrishna. Additionally, it sought a response from the Indian Medical Association (IMA) President regarding alleged comments made against the Court in a media interview. Senior Advocate PS Patwalia requested time to respond on behalf of the IMA President, acknowledging that the statements were possibly misconstrued.

In an effort to address the broader issue of misleading advertisements, the Court issued several directives. These included requiring broadcasters and print media to provide assurances of compliance with advertising regulations, establishing procedures for consumer complaints, holding endorsers accountable for endorsing deceptive products and calling for a fresh affidavit from the Ministry of Consumer Affairs regarding actions taken against false advertising, particularly in the food and health sectors.

Additionally, the Court noted that the Central government has decided to retract an August 2023 letter that suspended the implementation of Rule 170 of the Drugs and Cosmetics Rules, 1945, concerning misleading AYUSH advertisements.

Click here to access the previous news report on the Patanjali case.