Patanjali Ayurved misleading ads case: Supreme Court refuses to accept Ramdev, Acharya Balkrishna apology affidavits

The Supreme Court on Wednesday rejected a second set of affidavits of apology submitted by yoga guru Ramdev and Acharya Balkrishna in the Patanjali Ayurved misleading advertisements case. 

Expressing dissatisfaction with an unconditional apology tendered in separate affidavits by Ramdev and Patanjali Ayurved managing director Acharya Balkrishna the previous day, the bench of Justices Hima Kohli and Ahsanuddin Amanullah said: "We decline to accept the affidavits...tendering apology. We don't want to be so generous in this case."

The bench also warned Ramdev and Balkrishna of stern action over contempt of court.

The court was dealing with an Indian Medical Association plea seeking to frame guidelines for prohibiting false and misleading advertisements in relation to allopathy and modern medicine. The IMA had sought to pass an order directing the Centre and others to immediately take strict and prompt action, in accordance with law, against Patanjali Ayurved for the violation of the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Drugs & Cosmetics Rules, 1945 and the Consumer Protection Act, 2019.

The development comes a day after the yoga guru and Balkrishna tendered an "unconditional and unqualified apology" before the Supreme Court over certain advertisements issued by the firm making tall claims about the medicinal efficacy of its products. 

On April 2, the top court came down heavily on the duo, calling their apology "lip service", while questioning the Centre's alleged inaction over Patanjali's tall claims about the efficacy of its products and denigrating allopathy during the peak of the pandemic and asking as to why the government chose to keep its "eyes shut".

In his affidavit, submitted on April 9, Ramdev wrote, "I hereby tender my unconditional apology in regard to the issue of advertisements which occurred after the statement of counsel of respondent No. 5 (Patanjali) which was recorded in the order dated November 21, 2023, which I am informed has the force of an injunction... I sincerely regret this lapse and I wish to assure the court that the same will not be repeated."

"I hereby tender an unconditional and unqualified apology for the breach of the statement recorded in para 3 of the order of this court dated November 21, 2023," the yoga guru added.

Ramdev also tendered an unconditional apology for a press conference held on November 22 last year. "I regret this lapse and assure that the same will not be repeated again in future... I seek pardon for the aforesaid breach of the statement," he said.

Balkrishna's unconditional apology, for the breach of the statement recorded in the court's November 21 order, read: "I sincerely regret the issue of advertisements from respondent No. 5 (Patanjali) which is an infraction of the order dated November 21, 2023. I tender my unconditional and unqualified apology in this regard, on my own behalf and that of respondent No 5."

"I never had any intention to violate orders of this court. I state that no such lapse will occur in future. I will always uphold the majesty of law," Balkrishna added.

In a November 21 order, the top court had noted that counsel representing Patanjali Ayurved had assured it that "henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form". It had said Patanjali Ayurved Ltd was "bound down to such assurance".

The non-observance of the specific assurance and the subsequent media statements irked the Supreme Court, which later issued notice to them to show cause as to why contempt proceedings be not initiated against them.

What does Patanjali Ayurved do?

Patanjali Ayurved manufactures a host of products ranging from Ayurvedic medicine to nutraceuticals.

With inputs from agencies