Supreme Court Issues Contempt Notice to Patanjali for Misleading Ads

Context: The Supreme Court issued a contempt notice against Patanjali Ayurved for publishing advertisements of products in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and its Rules.

Contempt Notice to Patanjali for Misleading Ads

The Supreme Court of India issued a contempt notice to Patanjali Ayurved and its Managing Director, Acharya Balakrishna. Continued release of misleading advertisements claiming to permanently cure several diseases, even after the court had previously ordered them to stop.

The Supreme Court expressed concern about the potential harm caused by these misleading ads and the disregard for prior court orders. The court also criticized the Union government for not taking more assertive action to stop such advertisements.

Background

• This was not the first time Patanjali has faced scrutiny for its advertisements.
• The Indian Medical Association (IMA) had previously filed petitions against Patanjali’s misleading or false claims about medical treatments.

About Contempt Of Court

• Contempt of court is a legal provision to safeguard judicial institutions from undue attacks and preserve their authority.
• Constitutional and Statutory Provisions:
  • The Constitution restricts freedom of speech under Article 19(2) to include contempt of court.
  • Articles 129 and 215 grant the Supreme Court and the High Courts the power to punish contempts of themselves.
  • The Contempt of Courts Act, 1971, provides a statutory basis for contempt proceedings.
• Types of Contempt of Court
  • Civil Contempt: Defined as the intentional disregard of court orders or breaching a commitment made to the court.
  • Criminal Contempt: Constitutes actions or publications that denigrate the authority of the courts, interfere with judicial proceedings, or obstruct justice.
• Exceptions and Defences:
  • Fair and objective reporting on judicial proceedings does not constitute contempt.
  • Constructive criticism of judicial orders, post-adjudication, is allowed.
• Punishment for Contempt
  • Penalties Under the Act of 1971: Contempt can lead to a maximum of six months imprisonment, a fine of Rs 2,000, or both.
• 2006 Amendment:
  • “Truth and good faith” was introduced as a valid defence in contempt cases.
  • Punishment is applicable only if the contemptuous act significantly disrupts the course of justice.

We’re now on WhatsApp. Click to Join

About Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954

• The Act prohibits advertisements of drugs and remedies that claim to have magical properties.
• Offence and Penalty:
  • Advertising such products is a cognizable offence.
  • The initial conviction may result in up to six months’ imprisonment or a fine.
  • Subsequent convictions could lead to one year of imprisonment.
• Corporate Liability: In cases where a company commits an offence, every member involved in the company is considered guilty.
• Restricted Claims in Advertisements:
  • No advertisements may claim to:
    • Facilitate miscarriage or prevent conception in women.
    • Enhance sexual performance.
    • Treat menstrual disorders.
    • Cure or prevent diseases specified in the Act’s schedule.
  • Definition of ‘Magic Remedy’:
    • Defined broadly to include items claimed to have miraculous health benefits.
    • Covers objects alleged to affect the body’s structure or functions in any way.

Sharing is caring!