• Principle of integrity in advertising upheld

In a scathing indictment of Patanjali Ayurved’s advertising practices through which the ‘entire country is being taken for a ride’, the Supreme Court on Tuesday issued contempt notices to the company and its Managing Director, Acharya Balkrishna. Stemming from a petition by the Indian Medical Association, the case highlights the menace of misleading advertisements, which continue unabated despite previous warnings to the company. The SC had in November warned Patanjali that a fine of Rs 1 crore would be imposed per product if a false claim was made regarding its efficacy in curing a particular disease. The court also restrained the firm from advertising products intended to treat specific diseases listed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The message is loud and clear: deceptive advertising aimed at increasing commercial gains will not be tolerated, especially in the critical field of healthcare. Such measures are crucial to preventing erosion of public trust.

The SC has cautioned the firm against making adverse statements about other systems of medicine. Underpinning the significance of strict enforcement of rules, the court has also rightly questioned the functioning of the regulatory bodies and government agencies concerned. The clarification sought by the court on the action taken by the Centre under various laws should help in exposing the gaps in the implementation of policies intended to uphold advertising standards.

The SC’s firm stance sets a precedent for accountability in the health sector and reaffirms the principle that commercial interests must not eclipse public welfare. Those who indulge in unethical practices must face the consequences of their actions. It is hoped that intense judicial scrutiny will finally prompt the serial offenders to mend their ways.
(Tribune, India)