The Supreme Court recently came down heavily on Baba Ramdev’s Patanjali Ayurved for publishing misleading advertisements about allopathy.
Background of Case
- In 2022, Patanjali published an advertisement attacking modern medicine titled “Misconceptions spread by Allopathy”
- Indian Medical Association filed a petition against this ad at the Supreme Court
- Petition alleged other instances of Ramdev criticising and making unsubstantiated claims against allopathy
Supreme Court’s Order
- Banned Patanjali from advertising its products until further orders
- Observed that right to commercial speech is subordinate to prevention of harm from misleading ads
- Patanjali cannot falsely denigrate allopathy or infringe on rights of citizens to choose treatment
Legal Arguments Against Patanjali
- Violation of Drugs & Magic Remedies Act and Consumer Protection Act norms
- Publishing misleading info about another treatment system an offence under laws
- Breach of code in MoU signed between AYUSH Ministry & Advertising Standards Council
Regulations on Misleading Advertisements
- Drugs & Magic Remedies Act : Prohibits false claims & misleading ads about drugs
- Consumer Protection Act: False & misleading ads an unfair trade practice
- Advertising Standards Council of India: Checks if ads conform to legal, honest & truthful standards
Patanjali’s Past Controversies
- 2020 – Coronil (100% Cure for Covid) – Notice for misleading claim
- 2022 – Liver care kit (Treatment for Liver disorder) – Notice for unfounded claim
- 2023 – Cancer care kit (Treatment for Cancer) – Notice for unsupported claim
Verdict Impact
- Precedence to quality control over commercial interests
- Deterrence against baseless allegations towards other systems
- Boosting public trust and accountability in advertising
Role of Regulatory Authorities
- Central Consumer Protection Authority (CCPA) – Can impose penalties, order product recalls for misleading ads
- Food Safety and Standards Authority of India (FSSAI) – Ensures truthfulness of health claims regarding food products
- Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) – Monitors Ayurvedic medicine advertisements as per regulations
Ethical Issues in Healthcare Advertising
- Exploiting Information Asymmetry – Technical nature of treatments limits ability to critically analyse claims
- Jeopardising Patient Health – Misguiding vulnerable patient groups through unsubstantiated promises
- Undermining Public Health Efforts – Discouraging science-backed treatments like vaccination through false propaganda
Global Best Practices
- Pre-vetting System for Healthcare Ads – Expert review panels to assess validity of claims
- Clinical Trial References Mandatory – Relevant published data to substantiate therapeutic claims
- Making Celebrity Endorsers Accountable – Stringent penalties against misleading promotion
Bolstering Self-Regulation in Industry
- Code of Responsible Practices: Companies adhere voluntarily to ethical promotional codes and norms
- In-House Review Panels: Subject matter experts scrutinise communications for factual accuracy
- Transparent Complaint Redressal: Responding to consumer grievances regarding misleading information
Way Forward
- Statutory Code for Healthcare Ads – Make advertising code legally binding for enhanced compliance
- Mandatory Disclaimers – Qualifying verifiable claims to avoid blanket statements
- Celebrity Liabilities – Include promoters in false claim proceedings for shared accountability
- Media Literacy Drives – Grassroot awareness campaigns to critically analyse healthcare ads
- Leveraging Technology – AI fact checkers to assess healthcare advertisements for fake news
- Transparent Public Disclosures – Making scientific substantiation public for scrutiny by consumers
- Structured Penalties Model – Extending punishments beyond monetary fees linked to revenue
- Capacity Building of Regulators – Enhancing technical skills and legal expertise to examine specialty claims
- Independent Redress Mechanism – Unbiased provincial consumer courts fast tracking dispute resolution
- International Cooperation – Integrating with global pharmaceutical vigilance programs for identifying promoted unapproved drugs
Robust healthcare advertising guidelines coupled with earnest self-regulation by players can transform the ecosphere towards responsible promotion aligned to consumer welfare.
- However, the success needs willingness for accountability, shift in profit-centric mindsets and real remedies with tangible deterrence.
- The Supreme Court verdict upholds credibility standards for advertising. It affirms that commercial interests should not override consumer well-being or public health priorities.
- False claims erode public trust which has long-term consequences. Responsible advertising surrounding healthcare is vital considering information asymmetry.
- The ruling promotes honest conduct, good faith and fosters industry ethics.