New Delhi: The Supreme Court on Tuesday asked Patanjali Ayurveda Ltd whether the sale of 14 of its products, whose manufacturing licenses were suspended by the Uttarakhand State Licensing Authority last month, has stopped.
The apex court, which had reserved its order on the contempt notice issued to yoga guru Ramdev, his associate Balkrishna and Patanjali Ayurveda Ltd in the misleading advertisement case, was told by senior advocate Balbir Singh, appearing for Patanjali, that they have stopped the sale of Has given. these products.
“Is it also true that your stockists have stopped stocking and selling these?” "You will have to investigate it and file an affidavit," a bench of Justices Hima Kohli and Ahsanuddin Amanullah asked. Singh told the bench that he would file an affidavit on this.
He said that the company has written letters to the channels where advertisements of its products are being shown.The bench said, "We are proposing to reserve the order but your affidavit will make a difference." It said that the counsel appearing for Patanjali Ayurveda Limited, Balkrishna and Ramdev has sought time to file the affidavit. , indicating the withdrawal of advertisements for the products and the steps taken to withdraw these products whose licenses have been suspended.
The bench said, "The said affidavit has been sought to be filed within three weeks." Necessary affidavit will be filed within three weeks...''
It also took note of the submissions of Patanjali's counsel that the affidavit to be filed is without prejudice to their right and plea to challenge the order of suspension of license of these products before the appropriate forum. The bench said, "The respondents The order has been reserved on contempt notices issued to five to seven (Patanjali Ayurveda Limited, Balkrishna and Ramdev).,
It said the presence of Ramdev and Balakrishna will remain in abeyance unless the court passes specific orders for their presence.
During the hearing, Justice Amanullah said, "The only concern was that the public should be well informed." He said that Ramdev has a lot of followers and 'people follow him blindly.'
“Please do not take the public lightly,” the bench said.
Solicitor General Tushar Mehta, present in the court, said that Ramdev has his own contribution in the field of Yoga and Ayurveda.“People look up to him,” Justice Amanullah said.
Justice Kohli said, "Bringing yoga to everyone's attention on the international platform is a major contribution of him and his team." He said the issue related to the products of Patanjali Ayurveda Limited is another matter.
The bench said that the affidavit of the State Licensing Authority of West Bengal in this case was on record, while the counsel appearing for Nagaland said that the affidavit was filed yesterday. The bench said that the affidavit of Nagaland was not on record.It gave a last opportunity of four weeks to all other state licensing authorities of states and union territories to file their respective affidavits.
"Apart from indicating the action taken on complaints received by the concerned State Licensing Authorities, the affidavit shall also indicate the nature of suo motu action taken by each of the said authorities to ensure that no misleading advertisements are issued. Manufacturers, advertisers, advertising agencies of relevant health products/food items/food supplements,” it said. The bench said the authorities have to have a greater sense of responsibility towards the public health of the consumers.
During the hearing, the bench also considered the issue related to Uttarakhand State Licensing Authority.The counsel appearing for the Uttarakhand State Licensing Authority said that last month the manufacturing licenses of 14 products of Patanjali Ayurved Limited were suspended. "Have you checked whether these products are still available in the market?" th bench asked.
The lawyer said that they are listing the stocks and they have mentioned about it in their affidavit.
When he said the authority has offered an unconditional apology for not taking the requisite steps in the past, the bench said, “For the past period, you have to be clear, they were as complicit as they could be. “The bench has fixed the next hearing of the case in July.
The Uttarakhand State Licensing Authority had earlier told the top court that the manufacturing licenses of 14 products of Patanjali Ayurveda Ltd and Divya Pharmacy have been "suspended with immediate effect".The top court is hearing a petition filed by the Indian Medical Association (IMA) in 2022, alleging a defamation campaign by Patanjali against the Covid vaccination drive and modern systems of medicine. Patanjali Ayurveda Ltd. on November 21 last year had assured the top court that it would not violate any law, especially related to advertising or branding of products manufactured and marketed by it.
It had also assured the bench that "no incidental statement claiming efficacy of the medicine or against any system of medicine will be released in the media".
The apex court had said that Patanjali Ayurveda Ltd "is bound by such assurance". The non-adherence to the specific undertaking and the subsequent media statement had irked the bench, which later issued a notice to state that As to why contempt proceedings should not be initiated against him.
The apex court, which had reserved its order on the contempt notice issued to yoga guru Ramdev, his associate Balkrishna and Patanjali Ayurveda Ltd in the misleading advertisement case, was told by senior advocate Balbir Singh, appearing for Patanjali, that they have stopped the sale of Has given. these products.
“Is it also true that your stockists have stopped stocking and selling these?” "You will have to investigate it and file an affidavit," a bench of Justices Hima Kohli and Ahsanuddin Amanullah asked. Singh told the bench that he would file an affidavit on this.
He said that the company has written letters to the channels where advertisements of its products are being shown.The bench said, "We are proposing to reserve the order but your affidavit will make a difference." It said that the counsel appearing for Patanjali Ayurveda Limited, Balkrishna and Ramdev has sought time to file the affidavit. , indicating the withdrawal of advertisements for the products and the steps taken to withdraw these products whose licenses have been suspended.
The bench said, "The said affidavit has been sought to be filed within three weeks." Necessary affidavit will be filed within three weeks...''
It also took note of the submissions of Patanjali's counsel that the affidavit to be filed is without prejudice to their right and plea to challenge the order of suspension of license of these products before the appropriate forum. The bench said, "The respondents The order has been reserved on contempt notices issued to five to seven (Patanjali Ayurveda Limited, Balkrishna and Ramdev).,
It said the presence of Ramdev and Balakrishna will remain in abeyance unless the court passes specific orders for their presence.
During the hearing, Justice Amanullah said, "The only concern was that the public should be well informed." He said that Ramdev has a lot of followers and 'people follow him blindly.'
“Please do not take the public lightly,” the bench said.
Solicitor General Tushar Mehta, present in the court, said that Ramdev has his own contribution in the field of Yoga and Ayurveda.“People look up to him,” Justice Amanullah said.
Justice Kohli said, "Bringing yoga to everyone's attention on the international platform is a major contribution of him and his team." He said the issue related to the products of Patanjali Ayurveda Limited is another matter.
The bench said that the affidavit of the State Licensing Authority of West Bengal in this case was on record, while the counsel appearing for Nagaland said that the affidavit was filed yesterday. The bench said that the affidavit of Nagaland was not on record.It gave a last opportunity of four weeks to all other state licensing authorities of states and union territories to file their respective affidavits.
"Apart from indicating the action taken on complaints received by the concerned State Licensing Authorities, the affidavit shall also indicate the nature of suo motu action taken by each of the said authorities to ensure that no misleading advertisements are issued. Manufacturers, advertisers, advertising agencies of relevant health products/food items/food supplements,” it said. The bench said the authorities have to have a greater sense of responsibility towards the public health of the consumers.
During the hearing, the bench also considered the issue related to Uttarakhand State Licensing Authority.The counsel appearing for the Uttarakhand State Licensing Authority said that last month the manufacturing licenses of 14 products of Patanjali Ayurved Limited were suspended. "Have you checked whether these products are still available in the market?" th bench asked.
The lawyer said that they are listing the stocks and they have mentioned about it in their affidavit.
When he said the authority has offered an unconditional apology for not taking the requisite steps in the past, the bench said, “For the past period, you have to be clear, they were as complicit as they could be. “The bench has fixed the next hearing of the case in July.
The Uttarakhand State Licensing Authority had earlier told the top court that the manufacturing licenses of 14 products of Patanjali Ayurveda Ltd and Divya Pharmacy have been "suspended with immediate effect".The top court is hearing a petition filed by the Indian Medical Association (IMA) in 2022, alleging a defamation campaign by Patanjali against the Covid vaccination drive and modern systems of medicine. Patanjali Ayurveda Ltd. on November 21 last year had assured the top court that it would not violate any law, especially related to advertising or branding of products manufactured and marketed by it.
It had also assured the bench that "no incidental statement claiming efficacy of the medicine or against any system of medicine will be released in the media".
The apex court had said that Patanjali Ayurveda Ltd "is bound by such assurance". The non-adherence to the specific undertaking and the subsequent media statement had irked the bench, which later issued a notice to state that As to why contempt proceedings should not be initiated against him.
