An ode to leadership.
Let me extend
my heartfelt congratulations to Dr.Ketan Desai ji & DR RV Asokan ji for their exceptional leadership efforts in the
case against Patanjali Ayurved Limited
.
The dedication, vision, and tireless commitment of past national presidents&HSGs, especially Dr J JAYLAL ji, Dr Sahajanand ji, Dr sharad ji ,Dr.Jayesh Lele ji & Dr. Anilkumar J. Nayak ji have been instrumental in driving this petition and it is truly commendable.
The ability
to inspire and empower those around you is a testament to your exemplary
leadership qualities.
Special appreciations to DR.BABU for his liaison with the advocate of IMA HQ ,from 6th October 2023 on wards
what is the request of IMA?
IMA sought to direct the Centre, Advertising
Standards Council of India (ASCI), and the CCPA (Central Consumer Protection
Authority of India) to take action against such advertisements and campaigns to
promote the Ayush system by disparaging the Allopathic system.
Allegations or Claims by IMA:
what are the allegations on the Union of India and Patanjali
Ayurved Limited by IMA?
Allegations related to public health, consumer protection,
regulatory compliance & professional ethics.
1. Despite the Ministry of AYUSH signing a
Memorandum of Understanding (MoU) with the ASCI for monitoring misleading
advertisements of AYUSH drugs, Patanjali has continued its alleged disregard
for the law, violating the mandate with impunity.
2. spreading false rumors about COVID-19 vaccines
and contributing to vaccine hesitancy. Swami Ramdev's alleged mockery and
derision of citizens searching for oxygen cylinders during the second wave are
also cited in the petition.
3. unverified claims made by Patanjali are in
direct violation of laws such as the Drugs & Other Magic Remedies Act,
1954, and the Consumer Protection Act, 2019. Additionally, the petition
highlighted previous instances where Swami Ramdev, associated with Patanjali,
made controversial statements, including calling allopathy a "stupid and
bankrupt science" and making unfounded claims about the deaths of people
due to allopathic medicines during the second wave of the COVID-19 pandemic.
4. The plea referred to a half-page advertisement
published on July 10, 2022, titled "MISCONCEPTIONS SPREAD BY ALLOPATHY:
SAVE YOURSELF AND THE COUNTRY FROM THE MISCONCEPTIONS SPREAD BY PHARMA AND
MEDICAL INDUSTRY."
5. a "continuous, systematic, and unabated
spread of misinformation" regarding allopathy and the modern system of
medicine. The petition has also asserted that Patanjali's misleading
advertisements disparage allopathy and make false claims about curing certain
diseases.
Legal Arguments: on 27-02-2024
·
Senior Advocate PS Patwalia, appearing for the
Indian Medical Association, stated that the very next day after the Supreme
Court passed the order on November 21, 2023, Baba Ramdev and Acharya
Balakrishna of Patanjali called for a press conference and made misleading
claims again. He added that advertisements were published claiming that
Patanjali Ayurved has permanent cures for diabetes, blood pressure, asthma,
arthritis, glaucoma etc.
·
References were made to an advertisement
carried by 'The Hindu' daily on December 4, 2023 and the YouTube links
of the press conference.
·
Patwalia mentioned that many of these ailments
are specifically listed in the Schedule to the Drugs and Magic Remedies
(Objectionable Advertisements) Act.
A A Reprimand
Apex
bench comments: on 27-2-2024
·
How can you claim permanent relief?",
·
The bench also questioned the counsel regarding
the statements EVEN after the court order on nov-2023.
·
there was a prima facie flouting of the Supreme
Court's order and notices should be issued to Baba Ramdev and Acharya
Balakrishna whose pictures were shown in the advertisements.
·
We are not bothered by who he is...there is a
prima facie flouting," Justice Amanullah said. Patwalia described Sanghi's
statement as "outrageous".
·
"They were aware of the order and prima
facie they are flouting it,
·
the Court specified that the advertisement ban
would apply to products related to diseases specified under the Act.
·
The Court also asked the Union Government what
action has been taken from its end under the Drugs and Magic Remedies
(Objectionable Advertisements) Act 1954 in respect of the advertisements of
Patanjali. "The entire country is taken for a ride! You wait for two years
when the Acts says this(misleading advertisements) is prohibited," Justice
Ahsanuddin Amanullah told Additional Solicitor General KM Nataraj.
Role of Government:
·
The Union's law officer, while agreeing that
misleading advertisements cannot be accepted stated that it is for the
concerned States(Uttarakhand state) to take action under the Act. The Union has
been asked to file an affidavit explaining the steps it has taken.
Outline the
previous expressions of bench in
chronological order.
·
in August 2022, the Supreme Court's Bench led
by CJI Ramana issued notice to the above authorities, including Patanjali
Ayurved Ltd (the company co-founded by Baba Ramdev.).
·
on November 21, 2023, the Court reprimanded
Patanjali Ayurved for continuing to publish misleading claims and
advertisements against modern systems of medicine. Justice Amanullah went on to
issue a stern warning of imposing a cost of Rs 1 Crore in case such
advertisements are continued.
· During the earlier proceedings, the Court clarified that it did not wish to make the issue an "Allopathy v. Ayurveda" debate but wanted to find a real solution to the problem of misleading medical advertisements.
The way forward..
Do exercise on the following issues that
have been badly affected by the illegal and unethical practices of Patanjali
Ayurved Limited.
Involvement of Patanjali Ayurved
Limited:
its
business practices, marketing claims, product quality, regulatory compliance,
or any specific actions or statements that are subject to legal scrutiny.
Impact on Healthcare Sector:
Consider
the potential implications of the case on the healthcare sector in India,
including its impact on medical professionals, patients, consumers, regulatory
frameworks, and industry practices.
Public Interest and Consumer
Welfare:
Evaluate
the broader public interest and consumer welfare considerations underlying the
dispute. This may involve concerns related to public health, access to safe and
effective healthcare products, transparency in marketing and labeling, and the
role of traditional medicine in healthcare.
Legal Precedents and Judicial
Interpretation:
Review
relevant legal precedents, judgments, and judicial interpretations that may
influence the outcome of the case. This includes case law related to healthcare
regulation, consumer protection, corporate liability, and public interest
litigation.
Resolution or Remedies:
Consider
potential outcomes or resolutions sought by the Indian Medical Association, the
Union of India, and Patanjali Ayurved Limited. This may include legal remedies,
regulatory actions, compliance measures, or policy changes aimed at addressing
the underlying issues raised in the dispute.
Public Perception and other Stakeholder Views:
Assess the
public perception and stakeholder views on the case, including opinions from
healthcare professionals, consumer advocates, industry stakeholders, and the
general public.
Potential Implications and
Precedents:
Anticipate
the potential implications and precedents set by the outcome of the case. This
may include its impact on similar legal disputes, regulatory enforcement,
corporate conduct, public health policies, and consumer rights protection in
India.
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