SUPREME COURT IN PATANJALI CASE: CONCERNED WITH ALL FMCG/DRUGS COMPANIES AFFECTING LIVES OF CHILDREN AND ELDERLY THROUGH MISLEADING ADS

The Supreme Court in the case Indian Medical Association v. Union of India observed and has clarified against Patanjali over publication of misleading advertisements that it was not dealing with Patanjali as a standalone entity; rather, the Court's concern, in public interest, extended to all those FastMoving Consumer Goods, FMCGs or drugs companies which take consumers of their products for a ride through misleading advertisements.

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The bench comprising of Justice Hima Kohli and Justice Ahsanuddin Amanullah in its order stated that, this court must clarify that we are not here to gun for a particular party, or a particular agency or a particular authority. This being the absolute Public Interest Litigation, PIL since it is in the larger interest of the consumers, the public to know which way they are going and how and why they can be misled and how [...] is acting to prevent that misuse. Thus, at the end, this is also as we said a part of the process of rule of law.

If that is violated, then it affects [...].

The court in the case observed that the implementation of laws regulating misleading ads in relation to medicines require deeper examination, as the products are used for babies, school going children and senior citizens based on the ads: Further, the court stated that this court is of the opinion that the issue which relates to implementation of the relevant provisions of the Drugs and Magic Remedies Act and the Rules, the Drugs and Cosmetic Act and the Rules, and the Consumers Act and the relevant Rules needs closer examination in the light of the grievances raised by the petitioner...not just limited to the respondents before this court but to all similarly situated or placed