Patanjali Ayurved has tendered an unconditional apology to the Supreme Court in response to a notice asking it to show cause why contempt of court proceedings should not be initiated for allegedly flouting an undertaking given to the top court on November 21, 2023. Hearing a plea by the Indian Medical Association (IMA) accusing the company of allegedly violating provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and making statements critical of allopathy, a Supreme Court bench of Justices Hima Kohli and Ahsanuddin Amanullah had on March 19 sought the personal presence of company Managing Director Acharya Balkrishna and Baba Ramdev before it. The court was upset about an advertisement issued by the company on December 4, 2023, after it had assured the court on November 21, 2023, that it would not make any “casual statements claiming medicinal efficacy or against any system of medicine”. In the affidavit filed in response to the notice, Acharya Balkrishna said he “regrets that the advertisement in question which was meant to contain only general statements inadvertently included the offending sentences”. “The same was bona-fide and added in routine course by the media department of the…Company”, he said adding “the personnel of the media department of the…Company were not cognizant of the order dated 21.11.2023.” “The Deponent on behalf of Respondent No. 5 (Patanjali Ayurved) submits an unqualified apology before this Hon'ble Court for the breach of the statement recorded in Para 3 of the order dated 21.11.2023,” the affidavit said. Balkrishna also sought to assure the court that he “will ensure that such advertisements are not issued in the future”. The affidavit added, “By way of clarification, not as a defense, the Deponent begs to submit that its intention is only to exhort the citizens of this country to lead a healthier life by consuming products of the Respondent No. 5 including products for lifestyle ailments through the use age old literature and materials supplementing and backed by ayurvedic research.” Notably, the affidavit also said that “the Schedule J of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 read with Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955 is in an archaic state and the last changes were introduced in 1996…” by the Centre. It said that the Drugs & Cosmetics Act, 1940, “was passed when scientific evidence in Ayurveda research were lacking. Respondent No. 5 Company now possess evidence-based scientific data with clinical research conducted in Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases mentioned in the said schedule”. Acharya Balkrishna said his “only quest is for a better and healthier life for each and every citizen and to reduce the burden on the countries healthcare infrastructure by providing holistic, evidence based solutions for lifestyle related medical complications through the usage of age old traditional approach of Ayurveda and Yoga”. “In fact, the idea was to promote the ayurvedic products which are based on age old literature/material backed by scientific research,” the affidavit added.
