INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA

by | Feb 28, 2024

ASPECTS DETAILS
Introduction The Supreme Court issued a contempt notice to Patanjali Ayurved and its MD, Acharya Balakrishna, for allegedly continuing to publish misleading advertisements regarding medicinal cures, despite assuring the Court in November last year that no such statements would be made.
Factual Background The Court had previously reprimanded Patanjali Ayurved for similar misleading advertisements and had warned of imposing a cost of Rs 1 Crore for each product if such advertisements continued. Patanjali Ayurved assured the Court that they would not publish such advertisements in the future and would ensure that no casual statements are made in the press.
Legal Issues The main legal issue is whether Patanjali Ayurved violated the undertaking given to the Court regarding misleading advertisements and if contempt of court proceedings should be initiated against them. Additionally, the Court questioned the Union Government about the action taken under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, in respect of Patanjali’s advertisements.
Applicable Law
  • Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
  • Principles of Contempt of Court
Analysis The Court observed a prima facie violation of the undertaking by Patanjali Ayurved and issued a contempt notice. It also restrained Patanjali Ayurved from advertising products for diseases specified in the Act and cautioned against adverse statements towards any system of medicine. The Union Government was asked to file an affidavit explaining the steps taken under the Act.
Conclusions The matter will be taken up after two weeks for further proceedings. The Court proposed a complete ban on advertisements but specified that the ban would apply only to products related to diseases specified in the Act. The Court also warned of strict action if the violations continue.
Current Scenario The case is ongoing, with the next hearing scheduled after two weeks. Patanjali Ayurved and its MD have been issued a contempt notice and are required to show cause why action should not be taken against them. The Union Government has been asked to explain the steps taken under the Act. The Court has restrained Patanjali Ayurved from advertising products for specified diseases and cautioned against adverse statements towards any system of medicine.

 

CASE SUMMARY : The Supreme Court issued a contempt notice to Patanjali Ayurved and its MD for allegedly continuing to publish misleading advertisements regarding medicinal cures, despite assurances made earlier. The Court restrained Patanjali Ayurved from advertising products for specified diseases and cautioned against adverse statements towards any system of medicine. The matter will be taken up after two weeks for further proceedings.

 

SOURCE- THE ECONOMIC TIMES

READ MORE- GYANVAPI MOSQUE DISPUTE CASE

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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