2024-04-14 19:55:27
New Delhi: Yoga Guru Baba Ramdev is in the news amidst the hustle and bustle of Lok Sabha elections in the country. But this time Ramdev is not in the news for his old statements regarding petrol and inflation, nor has Baba Ramdev given any political statement. Actually, this time it is a matter of playing with people’s health. Baba Ramdev is in the headlines for misleading advertisements related to health. On April 10, the Supreme Court reprimanded Yoga Guru Ramdev and Acharya Balkrishna, Managing Director of Patanjali Ayurveda. The court refused to accept his ‘unconditional apology’ for releasing the misleading advertisement. A bench of Justices Hima Kohli and Ahsanuddin Amanullah also criticized the Uttarakhand government for not taking action against Patanjali Ayurved for violating the law. According to the six-monthly complaint report of the Advertising Standards Council of India (ASCI) published in November last year, , health-related advertisements were at the top in terms of breaking the law. Of all the advertisements examined, 21 percent were health related. The report also found that there has been a significant increase in the number of advertisements directly going against the Drug and Magic Remedies Act of 1954. Let us know what is the real reason behind misleading advertisements.
Sometimes wrong information is given in advertisements, due to which people are misled. This has happened before also.
- In December 2016, Haridwar court had imposed a fine of Rs 11 lakh on Baba Ramdev’s company Patanjali Ayurveda Limited. This fine was imposed because the company was giving wrong information about its products and doing wrong branding.
- A big controversy also happened in April 2023. A video went viral showing that Bournvita manufactured by Mondelez International India contains too much sugar. This amount of sugar can be harmful for children. Following this, the National Commission for Protection of Child Rights (NCPCR) sent a notice to the company and asked them to remove all their misleading advertisements, packaging and labels. Although the advertisements continued to run, the company claims that they have reduced the amount of sugar in this children’s drink.
In an interview to NDTV, Supreme Court lawyer Aditya Bharat Manubarwala says, ‘In this case, since the main business is related to medicine and healthcare sector, the Drug and Magic Remedies (Objectionable Advertisements) Act of 1954, Drugs and Beauty Act of 1945, Cosmetics Rules, and laws like the Advertising Standards Council of India Code of Regulations and the Consumer Protection Act, 2019 apply.’
Who is responsible for misleading advertisements?
The Internet and new methods of advertising have further increased the problem of misleading advertisements. Advertising rules and regulations are not keeping pace with changing marketing. Due to smartphones and social media, today advertising and promotional material reaches remote areas of the country at very low cost. The types of advertisements and promotions we see on social media influence our decisions in real life. Losing weight, getting a fair complexion, oils for a healthy heart… these things are countless. Companies paint beautiful dreams, and consumers believe them to be true.
‘Brand is a trust, it should never be broken’
Harish is the founder of Bijoor Consults Inc. He says ‘Brand is a trust. The trust that a consumer has in a product. And this trust should never be broken, nor should any attempt be made to break it. Brand ethics is a serious topic. He says, ‘There should be honesty in companies, brands and their attractive offers. No one should deviate from the path of honesty. All over the world speaking the truth and only the truth is considered the best. No exaggeration. No lies. There is no greed which is a lie or half truth.
What do experts say?
Experts say that apart from the provisions for legal action and punishment, big brands should also be active and aware so that consumers can be quickly alerted about the false claims of misleading advertisements. Supreme Court lawyer Aditya Bharat Manubarwala says, ‘Existing laws say that no advertisement should be misleading. Advertisement of medicines should never make any promise or claim to cure the disease. What is needed today is a stronger legal framework and awareness, and better communication between brands and the public.
Court did not accept the affidavits of Ramdev, Balakrishna
The Supreme Court on April 10 refused to accept the affidavits filed by yoga guru Ramdev and Patanjali Ayurved Limited Managing Director (MD) Acharya Balkrishna seeking unconditional apology in the misleading advertising case. A bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah said during the hearing, ‘We do not want to be so lenient in this matter.’ The apex court also expressed strong displeasure towards the Uttarakhand State Licensing Authority for not taking action against Patanjali Ayurveda. Ramdev and Balakrishna have tendered an ‘unconditional apology’ to the Supreme Court over advertisements making tall claims about the efficacy of their medicinal products. In two separate affidavits filed in the Supreme Court, Ramdev and Balkrishna have tendered unconditional apology for the ‘violation of the statement’ recorded in the apex court’s order of November 21 last year.
understand the whole matter
The apex court, in its order dated November 21, 2023, had said that the lawyer representing Patanjali Ayurveda had assured it that ‘henceforth, there will be no violation of any law especially with respect to advertising or branding of products manufactured and marketed by Patanjali Ayurveda. There will be no violation. Patanjali had also said that no statement regarding efficacy or against any method of treatment will be released in the media in any form. The top court had said that Patanjali Ayurveda Limited is ‘bound to abide by such assurance.’ The apex court had expressed displeasure over non-compliance of the assurance and subsequent release of statements in the media. The court later issued a show cause notice to Patanjali as to why contempt proceedings should not be initiated against it.