 "Take down tweets defaming allopathy: Delhi HC to Patanjali Ayurved")
The Delhi High Court on Monday directed Patanjali Ayurved and its promoters to remove tweets alleging that allopathy doctors were responsible for numerous Covid deaths while promoting Patanjali’s Coronil as a cure.
(Tweets became posts only after Elon Musk changed the name of the company from Twitter to X in July 2023.)
The court noted that these claims were made when people were particularly vulnerable and likely to believe them.
Justice Anup Jairam Bhambhani has restrained Patanjali co-founders Ramdev and Balkrishna, as well as their company, from making such claims.
“I have directed the defendants to remove certain tweets within three days. If they fail to comply, the social media platforms will take down the content,” the judge observed.
Describing the act of blaming allopathy doctors for Covid deaths as “egregious”, the court ruled that labelling Patanjali tablets as a cure is not permitted under the Drugs and Cosmetics Act.
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“A plain reading of the contested material shows that the defendants (Ramdev, Balkrishna, and Patanjali) have misleadingly represented to the public that the tablet (Coronil) is a treatment, medicine, or even cure for Covid. These statements are clearly contrary to and in flagrant violation of the statutory approvals, certifications, and licences issued by the Ministry of AYUSH and/or the licensing authorities,” the court said.
Justice Bhambhani also noted that the advertisement was released when people were most vulnerable and likely to believe the claims, which could harm ayurveda’s reputation.
“This court observes that if the defendants are allowed to continue promoting and advertising the tablet, not only will the public at large be at risk, but the ancient and venerated system of ayurveda may itself come into disrepute,” the court added.
The case involves a defamation suit filed against Patanjali and its promoters by the Resident Doctors’ Associations of AIIMS Rishikesh, Patna, and Bhubaneswar, the Association of Resident Doctors at the Postgraduate Institute of Medical Education and Research, Chandigarh, the Union of Resident Doctors of Punjab, the Resident Doctors’ Association of Lala Lajpat Rai Memorial Medical College, Meerut, and the Telangana Junior Doctors’ Association, Hyderabad.
The defamation suit alleges that Ramdev and his associates claimed allopathy was responsible for the deaths of thousands due to Covid and accused allopathic doctors of profiteering off patients.
The doctors argued that Patanjali’s claims undermined the safety and efficacy of allopathic treatments and Covid vaccines.
The Supreme Court (SC) is also hearing a petition filed by the Indian Medical Association against Patanjali’s advertisements that criticised allopathy and made unverified claims about curing certain diseases. The court has reserved its order on the case.
Previously, SC directed broadcasters to file self-declarations on the Broadcast Seva portal run by the information and broadcasting (I&B) ministry and ordered the central government to establish a new portal for self-declaration forms for print media advertisements.
Television, radio, and internet associations have since applied to intervene in the proceedings, arguing that the court’s directives could impact the advertising industry.
On July 9, the court instructed the Centre to consult with stakeholders and senior I&B ministry officials to address issues faced by advertisers. It also suggested that the Ministry of Consumer Affairs should be involved in the discussions.