Supreme Court will hear contempt case against Patanjali Ayurved and Baba Ramdev for publishing misleading medical advertisements.
Ramdev and Patanjali MD Acharya Balkrishna are required to be personally present.
Patanjali MD Acharya Balkrishna has reached the apex court.
Yoga Guru Baba Ramdev and Patanjali's MD Acharya Balkrishna on Tuesday offered before the Supreme Court to tender a public apology in a case of misleading advertisements for medicines for curing various diseases.
Patanjali Ayurved yesterday published an advertisement apologising for the 'mistake of publishing advertisements and holding a press conference even after advocates made a statement in the apex court'.
Justice Kohli asked Patanjali counsel Mukul Rohatgi as to why the apology was published a week later and if the size of it was as big as the 'misleading ads'.
Rohatgi responded saying that the advertisement cost them '10s of lakhs' and that the apology was put out in 67 publications.
Nobody representing the Union was seen in the court and Justice Kohli asked the Union to clarify certain letters issued by it.
"Now you seek to withdraw Rule 170. If you have decided so, what weighed with you? Why you choose to act only under the Act respondents termed as 'archaic'?", Justice Kohli asked.
Court emphasised how several other FMCGs are running like Patanjali and said that 'Union has to answer where fault line is'.
Union has to answer where fault line is.Justice Kohli
Court said doctors also endorsing medicines in allopathic field and that the public cannot be 'taken for a ride' as there are children and babied involved.
Speaking about the working of FMCGs, apex court said that seven issues have been pointed out and the Union has to answer.
It further said that 'State Licencing Authorities across India will have to be impleaded'.
Judge said that ads have been issued in press yesterday and are not on record and ordered the same to be collated and filed in two days.
"Further stated that additional ads shall be issued by proposed contemnors tendering unconditional apology. As and when said document filed...issue relating to implementation of Drugs and Magic Remedies Act, etc. needs closer examination", Justice Kohli dictated.
Judge also spoke about other FMCGs who publish 'misleading ads' and asked the Union to explain letter giving recommendation with respect to rule 170 of Drugs and Cosmetics Rules 1945 and its related provisions.
The court further said that it's necessary to implead Ministry of Consumer Affairs, etc. to examine steps taken by the Ministries to prevent abuse of Drugs and Magic Remedies Act, etc.
Additional ads shall be issued by proposed contemnors tendering unconditional apology. As and when said document filed...issue relating to implementation of Drugs and Magic Remedies Act, etc. needs closer examination.Justice Kohli
It's necessary to implead Ministry of Consumer Affairs, etc. to examine steps taken by the Ministries to prevent abuse of Drugs and Magic Remedies Act, etc.Justice Kohli
Court said that all licensing authorities should be impleaded and 'Ministries should file affidavits on actions taken by them to prevent misuse of abuse of aforesaid statutes and data, for present confined to period 2018 onwards'.
"Affidavits to explain action taken on misleading ads. Petitioner also needs to put its house in order. There are several complaints with regard to alleged unethical conduct of IMA", it said.
Petitioner also needs to put its house in order. There are several complaints with regard to alleged unethical conduct of IMA.Justice Kohli
For court's assistance, bench directed that National Medical Commission should be impleaded.
The court said that 'This is a PIL. It is in interest of public. This is part of process of rule of law'.
Postponing the hearing to April 30, the apex court said that Union will be the focus of next hearing and remaining issue will be taken up on May 7.
Apex Court asked Patanjali to keep cutouts of apology ads and 'keep them handy'.
"For you to photocopy by enlarging, it may not impress us. I want to see the actual size of the ad", Justice Kohli said.
For you to photocopy by enlarging, it may not impress us. I want to see the actual size of the ad.Justice Kohli