The Supreme Court declined to accept a second apology from self-styled yoga guru Baba Ramdev, Patanjali Ayurved, and its Managing Director Acharya Balkrishna in a contempt case. The court expressed deep concern over Fast Moving Consumer Goods (FMCG) companies deceiving the public with misleading health claims while authorities fail to enforce regulations, reported the Hindu Business line.
“The victim is always the public. We are concerned with all those FMCG companies who are taking their consumers and clients up and down the garden path, showing them very rosy pictures about what their products can do for them. People, who pay good money for these products, finally end up suffering at the cost of their health… That is absolutely unacceptable,” Justice Hima Kohli’s observation was quoted by the Hindu Business line.
The Bench, also comprising Justice Ahsanuddin Amanullah, said the objectionable and misleading advertisements of Patanjali to cure everything from diabetes and obesity to liver dysfunction and even Covid-19 during the months of the pandemic were “deliberate and willful violations” of the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 and its Rules.
As per the Hindu Business Line report, the apex court initiated contempt proceedings against Patanjali and Balkrishna on February 27 for breaching a previous undertaking to refrain from advertising medicinal “cures.” Despite a directive in November to desist from making exaggerated claims about their products, Ramdev held a press conference the following day, prompting the court’s action.
“We are thinking why we should not treat your apology with the same disdain in which you treated the undertaking given to this court,” Justice Kohli addressed senior advocate Mukul Rohatgi, appearing for the proposed contemnors.
In its order, according to the Hindu Business line, the court recorded that the contemnors, Ramdev and Balkrishna, had tried to “wriggle out” of personally appearing in the apex court.
The court firmly stated that merely tendering an apology would not suffice; they must face the consequences for flouting court orders. Furthermore, the Supreme Court chastised the Uttarakhand government for its inaction against Patanjali, criticizing officials for neglecting their duties.
“Why should we show mercy when the public is cheated by medicines touted as a cure?” Justice Kohli asked. The court listed the contempt case for April 16.
The hearing saw the court turn its ire on the Uttarakhand State Licensing Authority for choosing to turn a blind eye to the misleading advertisements.
“You twiddled your thumbs… Why should we not come down like a ton of bricks on your officers? They have been filibustering… You were in deep slumber from 2018, when the first complaint came about their products, to 2024,” Justice Kohli told a senior official from the Uttarakhand State Licensing Authority who was present in the courtroom.
During the hearing, the court’s frustration extended to the Uttarakhand State Licensing Authority, questioning their complacency in addressing misleading advertisements. The court demanded detailed explanations from concerned officials and scheduled further proceedings for April 23.
In response to the government’s assurances of taking action against Patanjali, the court dismissed them as hollow promises. The court emphasized its commitment to uphold the law and ensure accountability, irrespective of the parties involved.