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On April 10, SC bench had blasted the official authorities of the State of Uttarakhand for not acting over the misleading advertisements being posted by Patanjali since 2018
The Uttarakhand State Licensing Authority has told the Supreme Court that it has on April 15 suspended licences for 14 products manufactured by Divya Pharmacy and Patanjali Ayurved Ltd with immediate effect.
The action has come days after the Supreme Court rebuked the state authority over its failure to act against the companies and warned to take contempt action against them.
The State Licensing Authority headed by Joint Director Mithilesh Kumar filed an affidavit before the apex court also tendering an unconditional and unqualified apology against any inadvertent and unintentional non-compliance with the orders.
A bench of Justices Hima Kohli and Ahsanuddin Amanullah would consider the matter on April 30 on actions taken by the state authority. The court was then contempt actions against Yoga Guru Baba Ramdev and Acharya Balkrishna and others for misleading advertisements on a plea filed by Indian Medical Association.
The officer informed the court that the action has been taken under Rule 159(1) of the Drugs and Cosmetics Rules, 1945 for repeated violations under the said Acts and Rules. The said order was also marked to the Drug Inspector and District Ayurvedic and Unani Officer, Haridwar to ensure strict compliance, the affidavit said.
The names of the products are ‘Swasari Gold’, ‘Swasari Vati, Bronchom’, ‘Swasari Pravahi’, ‘Swasari Avaleh’, ‘Mukta Vati Extra Power’, ‘Lipidom’, ‘Bp Grit’, ‘Madhugrit’, ‘Madhunashini Vati Extra Power’, ‘Livamrit Advance’, ‘Livogrit’, ‘Eyegrit Gold’ and ‘Patanjali Drishti Eye Drop’.
The affidavit also stated that on April 16, 2024, the Drug Inspector or District Ayurvedic and Unani Officer, Haridwar filed criminal complaint before the Chief Judicial Magistrate, Haridwar against Swami Ramdev, Acharya Balkrishna, Divya Pharmacy and Patanjali Ayurved Limited under Sections 3, 4 and 7 of the DMR Act.
The authority also said on April 23, 2024, it has issued a letter to all Ayurvedic/Unani medicine factories in Uttarakhand on the basis of a communication of the Ministry of AYUSH, Government of India, and passed multiple directions, including Ayurvedic/Unani medicine factory should strictly comply Drug and Magic Remedies Act, 1954 and no pharmaceutical factory will use claims like Approved/Certified by the Ministry of AYUSH on the label of its product.
According to the directions, advertisements should comply with provisions under Consumer Protection Act, 2019, Cable Television Networks Act, 1995, Emblems and Names Act, 1950; and every pharmaceutical factory shall ensure complete compliance with Rules 161, 161A and 161B of the Drug and Cosmetic Act, 1945 for labeling of their products.
The joint director also stated has always endeavored to discharge its duties to the best of his capacity and in accordance with law and he would continue to take all due or further steps against Divya Pharmacy or Patanjali Ayurved Limited, as per procedure prescribed in law or as per directions of this court.
'While you point a finger at Patanjali, four fingers are pointing at you', told the Supreme Court had told the Indian Medical Association during the hearing in the Patanjali’s misleading advertisements case last week.
On April 10, the Supreme Court blasted the official authorities of the State of Uttarakhand for not acting over the misleading advertisements being posted by Patanjali since 2018.
The court accordingly directed all officials who held position from 2018 will file replies before the court on what they did in the issue.
Case Title: Indian Medical Association & Anr vs. Union of India & Ors
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