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Tuesday, April 2: Exaggerated claims of unbelievable results with the use of consumer products are not new in the Indian advertisement industry. But, the law of the land does explicitly prohibit and punish misleading advertisements from time to time. One such case is grabbing headlines of late. <keyword id="20083249" type="General" weightage="20" keywordseo="baba-ramdev" source="keywords">Baba Ramdev</keyword> and <keyword id="20752072" type="General" weightage="20" keywordseo="acharya-balkrishna" source="keywords">Acharya Balkrishna</keyword>, co-founder and managing director of <keyword id="19980518" type="General" weightage="100" keywordseo="patanjali" source="keywords">Patanjali</keyword>, respectively, appeared before the <keyword id="19895345" type="General" weightage="20" keywordseo="supreme-court" source="keywords">Supreme Court</keyword> today for a hearing regarding a case involving misleading advertisements. So, what exactly happened? <cmsannotation type="cmsannotation" annotationid="A case of false and misleading advertisements" comment="subhead" text="A case of false and misleading advertisements">A case of false and misleading advertisements</cmsannotation> The case began in November last year when the Supreme Court, responding to a petition by the Indian Medical Association (IMA), cautioned <keyword id="6406649" type="General" weightage="20" keywordseo="patanjali-ayurved" source="Orion">Patanjali Ayurved</keyword> against airing "false" and "misleading" claims in its advertisements about medicinal products. The IMA cited several ads that allegedly portrayed allopathic medicine and doctors negatively, claiming that companies producing ayurvedic medicines made disparaging remarks to deceive the public. Despite the Supreme Court's cautionary stance and prohibition on advertising products claiming to treat specific ailments under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Ramdev and Balkrishna reportedly conducted a press conference, once again making misleading claims about Patanjali's ability to cure various conditions permanently. Subsequently, on February 27, the Supreme Court expressed dissatisfaction with Patanjali's continuous dissemination of false advertisements regarding medicinal cures and issued notices to the company, questioning why contempt proceedings should not be initiated. It also chastised the government for not taking action and “sitting with their eyes shut”. On March 21, the Court summoned Baba Ramdev and Balkrishna to personally appear before it on April 2 to address their failure to respond to the contempt notice regarding misleading advertisements about medicinal cures. <cmsannotation type="cmsannotation" annotationid="What’s the latest update?" comment="subhead" text="What’s the latest update?">What’s the latest update?</cmsannotation> In today's hearing, the Supreme Court criticised Ramdev and Balkrishna for their "absolute defiance" in failing to submit proper affidavits of compliance and for disregarding legal directives. The Court also rebuked Patanjali's MD for describing the Drugs and Cosmetics (Magic Remedies) Act as "archaic". Noting that Patanjali's advertisements are in the "teeth of law" of the land, the Court warned Ramdev to prepare for potential consequences. Justices Hima Kohli and Ahsanuddin Amanullah, presiding over the bench, declined to acknowledge the apology extended by Patanjali last month. Subsequently, Ramdev's attorney, reportedly with folded hands, reiterated that both Ramdev and Balakrishna were extending a personal and unconditional apology before the court. Finally, the Court has granted Ramdev and Balkrishna a final opportunity to file affidavits in one week and mandated their presence at the next hearing on April 10.

Government ‘sitting with its eyes shut’, says Supreme Court as Patanjali’s misleading advertisement case drags on

Expanding the scope of its hearing in the <keyword id="19980518" type="General" weightage="20" keywordseo="Patanjali" source="keywords">Patanjali</keyword> Ayurved case, the <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="266" meta.entityid="Supreme Court">Supreme Court</keyword> on Tuesday took a stern view of <keyword id="20610549" type="General" weightage="20" keywordseo="misleading-advertisements" source="keywords">misleading advertisements</keyword> by FMCG firms and asked three Union ministries to inform it about the steps they have taken to curb the practice which takes "public for a ride" and adversely affects their health. The court passed the order after Yoga guru Ramdev and his aide Balkrishna of Patanjali Ayurved Ltd. told a bench of Justices Hima Kohli and Ahsanuddin Amanullah that they have issued unqualified public apology in as many as 67 newspapers over misleading advertisements and are willing to issue additional advertisements expressing their contrition. The bench said the public apology published in newspapers were not on record and asked those to be filed within two days. It posted the matter for April 30 for further consideration. While hearing the Patanjali case, the apex court said the implementation of the relevant provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, the Drugs and Cosmetics Act and the Consumer Protection Act and the related rules also needed a closer examination. It said the issue was not limited to Patanjali but extended to all Fast-Moving Consumer Goods (FMCG) firms which have been issuing "misleading advertisements and taking the public for a ride, in particular affecting the health of babies, school-going children and senior citizens who have been consuming products on the basis of the said misrepresentation". "We must clarify that we are not here to gun for a particular party or a particular agency or a particular authority. This is a PIL, and in the larger interest of the consumers, public should know which way they are going and how and why they can be misled, and how authorities are acting to prevent it," the bench said. The court asked the Union ministries of consumer affairs, information and broadcasting, and information technology to explain what action they have taken to prevent the misuse of consumer laws. It also sought an explanation from the Centre over an August 2023 letter issued by the Ministry of Ayush to the licencing authorities of all states and Union Territories and drug controllers of Ayush asking them to not initiate any action under rule 170 of Drugs and Cosmetics Rules, 1945. The bench also asked the <keyword id="20083252" type="General" weightage="20" keywordseo="Indian-Medical-Association" source="keywords" meta.keywordsubtype="org" meta.entityname="Indian Medical Association" meta.hostid="266" meta.entityid="Indian Medical Association">Indian Medical Association</keyword> (IMA), the petitioner in the Patanjali advertisements case, to "put its house in order". It said several complaints have been made about alleged unethical acts by members of the IMA who prescribe highly expensive medicines and line of treatment. The bench also ordered impleading the National Medical Commission (NMC) as a respondent in the matter for effective assistance to the court. At the outset, senior advocate Mukul Rohatgi, appearing for Ramdev and Patanjali Ayurved Ltd managing director Balkrishna, told the bench they have issued on Monday unqualified apology for the "lapses" on their part. "Where? Why it is not filed?" the bench asked. Rohatgi said it was issued on Monday in 67 newspapers across the country. When the court asked the senior advocate why did the respondents wait for a whole week before publishing the public apology, Rohatgi said, "Its language had to be changed". The court also quizzed him about the size of advertisements. "Is it the same size of advertisements that you normally issue in newspapers?" it asked Rohatgi, who submitted "It costs tens of lakhs (of rupees)". The bench ordered that the apology published be filed on record and added it wanted to see the actual advertisement published in newspapers. "The said advertisements are not on record. It is submitted that the same have been collated and shall be filed in the course of the day with copies to counsel for the parties. Needful shall be done within two days with copies to counsel for the parties," it said. The counsel said additional advertisement shall be issued by Ramdev and Balkrishna tendering unqualified apology for the lapses on their part. The bench said it was necessary to implead the three central ministries in order to examine the steps taken to prevent the abuse of the Drugs and Magic Remedies (Objectionable Advertisements) Act and rules, the Drugs and Cosmetics Act and the Consumer Protection Act. It said these ministries shall file affidavits enunciating the action they have taken to prevent the misuse/abuse of these statutes along with the relevant data since 2018. The bench said licencing authorities of all states and UTs shall also be impleaded as co-respondents in the matter. The bench told the IMA's counsel that while they are pointing fingers at Patanjali, "the other four fingers are also pointing at you (IMA)". On April 16, the apex court had warned Ramdev and Balkrishna against any attempt to "degrade allopathy" and permitted them to tender a "public apology and show contrition" within a week in the contempt proceedings in the misleading advertisements case against Patanjali Ayurved Ltd. The apex court is hearing a plea filed in 2022 by the IMA alleging a smear campaign against the Covid vaccination drive and modern systems of medicine. Ramdev and Balkrishna had earlier tendered an "unconditional and unqualified apology" before the top court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products. 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Supreme Court expands Patanjali misleading ads hearing to include FMCG companies

The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords">Supreme Court</keyword>, on Tuesday, granted one-week time to yoga guru <keyword id="20055079" type="General" weightage="100" keywordseo="Ramdev" source="keywords">Ramdev</keyword>, his aide <keyword id="21172332" type="General" weightage="20" keywordseo="Balkrishna" source="keywords">Balkrishna</keyword> and <keyword id="20083247" type="General" weightage="20" keywordseo="Patanjali-Ayurved" source="keywords" meta.keywordsubtype="org" meta.entityname="Patanjali Ayurved" meta.hostid="261" meta.entityid="Patanjali Ayurved">Patanjali Ayurved</keyword> to issue a <keyword id="114576" type="General" weightage="20" keywordseo="public-apology" source="Orion">public apology</keyword> in the misleading advertisements case, but said it was not letting them "<keyword id="2308348" type="General" weightage="20" keywordseo="off-the-hook" source="Orion">off the hook</keyword>" now. Both Ramdev and Balkrishna were present during the hearing and personally tendered an unqualified apology to the apex court. A bench of Justices Hima Kohli and Ahsanuddin Amanullah took note of their apologies, but made it clear that at this stage it has not decided to "let them off the hook". "You are doing good work but you can't degrade allopathy," the bench told Balkrishna while interacting with him. Ramdev, who also interacted with the bench, said he had no intention to show disrespect to the court in any manner. However, the bench told Balkrishna that they (<keyword id="6356684" type="General" weightage="20" keywordseo="patanjali" source="Orion">Patanjali</keyword>) are not so innocent that they didn't know what the top court had said in its earlier orders in the case. "I am willing to give a public apology," senior advocate Mukul Rohatgi, appearing for Ramdev and Balkrishna, told the bench at the outset. The apex court asked Ramdev and Balkrishna, both of whom were present in the court, to come forward for an interaction with the bench. "They should feel they have a connect with the court," the bench said. The apex court has now posted the matter for further hearing on April 23. Ramdev and Balkrishna had last week tendered an "unconditional and unqualified apology" before the top court over advertisements issued by the firm making tall claims about the medicinal efficacy of its products. In two separate affidavits filed in the court, Ramdev and Balkrishna have tendered an unqualified apology for the "breach of the statement" recorded in the November 21 last year order of the apex court. In the November 21, 2023 order, the top court had noted that counsel representing Patanjali Ayurved had assured it that "henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form". The top court had said Patanjali Ayurved Ltd is "bound down to such assurance". The non-observance of the specific assurance and the subsequent media statements irked the apex court, which later issued a notice to them to explain why contempt proceedings be not initiated against them.

Patanjali ads case: Supreme Court asks Ramdev, Balkrishna to issue public apology; says not letting them off hook yet

A district court slapped <keyword id="6356684" type="UNKNOWN" weightage="100" keywordseo="patanjali">Patanjali</keyword> with a fine of Rs 11 lakh for misleading advertisements, misbranding and misrepresentation of its products. 
 Haridwar's additional district magistrate <keyword id="2489561" type="PERSON" weightage="20" keywordseo="Lalit-Narain-Mishra">Lalit Narain Mishra</keyword> stated Patanjali is guilty of releasing misleading advertisements by selling certain products with its labels although they were being manufactured by some other firm. 
 
Patanjali was fined under Section 52 (misbranding) and Section 53 (misleading advertisement) of the Food Safety and Standards Act, 2006 as well as Section 23.1 (5) of Food Safety and Standard (Packaging and Labelling Regulations, 2011) Act. 
 
Patanjali has to pay the fine within a month and the court also told the district food safety department to take appropriate action if there is no improvement in the products in future. 
 
A case was filed against Patanjali in November 2012 after samples of products, including honey, salt, mustard oil, jam and besan (gram flour) picked up for sampling on August 16, 2012, allegedly failed quality tests. 
 
The tests were conducted at Uttarakhand's only FSSAI-certified drugs and food testing lab located at Rudrapur. The case had been ongoing ever since. The order regarding the fine imposed on the company was given by the court on December 1, but became public a day ago.

Patanjali to pay fine of Rs 11 lakh within a month for misbranding, misleading ads

It’s not even been a month that yoga guru <keyword id="6355107" type="PERSON" weightage="100" keywordseo="Baba-Ramdev">Baba Ramdev</keyword>’s FMCG company called <keyword id="6356684" type="UNKNOWN" weightage="100" keywordseo="patanjali">Patanjali</keyword> faced flak because of its <keyword id="442416" type="UNKNOWN" weightage="100" keywordseo="misleading-ads">misleading ads</keyword> for its hair oil and washing powder brands, and the company has again found itself under the radar of India’s ad authorities. 
 <keyword id="169284" type="ORGANIZATION" weightage="100" keywordseo="ASCI">ASCI</keyword> has objected to several ads run by the company, including the one for its best-selling product, the '<keyword id="3319699" type="UNKNOWN" weightage="100" keywordseo="Dant-Kanti">Dant Kanti</keyword>' toothpaste. Reportedly, ASCI has found the ad misleading, along with the ones for its mustard oil (Kachi Ghani), fruit juices and cattle feed (Dhugdhamrit) products. 
 ASCI and India’s apex food regulator Food Safety and Standards Regulator of India (<keyword id="154680" type="ORGANIZATION" weightage="100" keywordseo="FSSAI">FSSAI</keyword>) have signed an MoU, under which ASCI would be checking misleading ads in the food and beverage sector. 
 
As per ASCI, Dant Kanti's ads claim that the product is "Effective Against Pyorrhoea, Swelling &amp; Bleeding of Gums, Yellowing of Teeth, Sensitivity &amp; Bad Breath" and "protects your teeth for a longer time and provides a natural shield against germs." However, these claims are not substantiated and thus can mislead the customers. 
 
ASCI has also raised objections against several other companies, like HUL, P&amp;G, Kellogg India, L'Oreal India and Colgate-Palmolive, for misleading claims made in advertisements for a variety of products.

The Ads authority in India is very angry about Patanjali’s misleading advertisements

Advertising sector watchdog <keyword id="169284" type="ORGANIZATION" weightage="20" keywordseo="ASCI">ASCI</keyword> has rapped <keyword id="6356684" type="UNKNOWN" weightage="20" keywordseo="patanjali">Patanjali</keyword> Ayurved for "false and misleading" claims in its various advertisements , including for its hair oil and washing powder brands. 
 
The watchdog has ruled that the advertisements of the group associated with Yoga Guru Ramdev "unfairly denigrates" other products in the market. 
 The Customer Complaints Council (CCC) of <keyword id="382559" type="ORGANIZATION" weightage="20" keywordseo="Advertising-Standard-Council-of-India">Advertising Standard Council of India</keyword> (ASCI) has also upheld complaints against advertisements by Johnson &amp; Johnson, Amazon and ITC, among other companies. 
 
In March, the CCC received 156 complaints, out of which it upheld as many as 90 complaints, terming them as "false and misleading". The upheld complaints included 32 in the education category, 30 in the healthcare and personal care category, and further 10 in the food and beverages category. 
 The CCC found Patanjali's advertisement claim for its product <keyword id="3380075" type="UNKNOWN" weightage="20" keywordseo="Patanjali-Kesh-Kanti-Natural-Hair-Cleanser-and-Oil">Patanjali Kesh Kanti Natural Hair Cleanser and Oil</keyword> that "mineral oil is carcinogenic in nature and may cause cancer" was false and misleading by ambiguity and by gross exaggeration. 
 
It also upheld complaints against Patanjali Ayurved's Patanjali Kachi Ghani Mustard Oil . 
 
"The advertisement's claims 'Other than Kacchi Ghani process most of the other edible refined oils and mustard oil are made using neurotoxin Hexagon solvent extraction process. To make profits at the cost of consumers' health many companies mix cheap palm oil in mustard oil", were not substantiated and the claims were misleading," it said. 
 
"The statement also unfairly denigrates other oils/ mustard oil," the advertising watchdog added. 
 
The advertising watchdog also upheld complaint against Patanjali Ayurved's Patanjali Herbal Washing Powder, Cake and Dishwash Bar. 
 
Johnson &amp; Johnson Ltd advertisement's claim on Benadryl DR was pulled up. CCC ruled that the claim "sookhi khansi ko dobara aane se roke (meaning - stops dry cough from reoccurring') is an absolute claim and was not substantiated...The claim is misleading by exaggeration". 
 
FMCG firm ITC was pulled for its advertisement on Aashirvaad Multigrain Atta. 
 
"The advertisement's claim 'India's No 1 Atta' is misleading by ambiguity as the claim support was for the mother brand Aashirvaad whereas the advertised product was only one variant i.e. Aashirvaad Atta with Multigrains. Also, the disclaimer was not as per Nielsen criteria," it said. 
 
Complaint against Kalyan Jewellers was upheld for making 'substantiated claim and misleading by exaggeration" that "Kalyan Jewellers is the biggest jewellery showroom in the world."

Patanjali rapped for 'false and misleading' hair oil, washing powder ads

<keyword id="6406649" type="COMPANY" weightage="100" keywordseo="Patanjali-Ayurved">Patanjali Ayurved</keyword>, yoga guru <keyword id="6355107" type="PERSON" weightage="100" keywordseo="Baba-Ramdev">Baba Ramdev</keyword>'s homegrown FMCG company, has come out with a new advertising campaign, comparing its multinational rivals to the East India Company. 
 
It’s not the first time that the yoga guru has played the ‘Made in India’ card, however doing that out in the open with <a href="http://www.businessinsider.in/Baba-Ramdevs-Patanjali-is-under-limelight-for-all-the-wrong-reasons-Heres-why/articleshow/52550015.cms">Patanjali's ads</a> is a first. 
 
Also read: <a href="http://www.businessinsider.in/Toothpaste-fight-gets-fierce-as-Colgate-launches-herbal-toothpaste-to-counter-Patanjali/articleshow/53487115.cms">Toothpaste fight gets fierce as Colgate launches herbal toothpaste to counter Patanjali</a> 
 
"Though we got political freedom 70 years back, economic freedom is still a dream," reads the print ad. "The way East India Company enslaved and looted us, multinational companies are still doing the same by selling soap, shampoo, toothpaste, cream, powder and similar daily items at exorbitant price." 
 
Also read: <a href="http://www.businessinsider.in/Baba-Ramdevs-Patanjali-is-under-limelight-for-all-the-wrong-reasons-Heres-why/articleshow/52550015.cms">Baba Ramdev’s Patanjali is under limelight for all the wrong reasons. Here’s why</a> 
 
RSS affiliate Swadeshi Jagran Manch (SJM) also rolled out a protest against the new FDI policy on August 9, almost in line with the launch of this campaign. As per SJM, allowing foreigners to engage in food processing and marketing of agricultural produce will ultimately kill small shops and units in India. 
 
Also read: <a href="http://www.businessinsider.in/Ram-Bharat-Patanjali/articleshow/52142568.cms">It takes two to tango and three to jive, so who’s the third wheel in Patanjali’s success?</a> 
 
On the other hand, All India Food Processors' Association (AIFPA), which has MNCs like Coca-Cola and Cadbury as its members, says that India is a free market which is open to everyone to do business. 
 
Also read: <a href="http://www.businessinsider.in/Patanjali-rapped-for-misleading-hair-oil-other-advertisements/articleshow/52453185.cms">Patanjali rapped for 'false and misleading' hair oil, washing powder ads</a> 
 
"Every company whether MNC or homegrown has to operate in accordance (with regulations). It is a free market and every company can sell depending upon the trust of the consumer," AIFPA President Sagar Kurade told ET. "At the end, the consumer has to choose which product they believe in." 
 
<a href="http://theviralvent.com/wp-content/uploads/2016/07/o-BABA-RAMDEV-facebook.jpg">Image source</a>

You Searched For "patanjali misleading ads" and got 7 results

Government ‘sitting with its eyes shut’, says Supreme Court as Patanjali’s misleading advertisement case drags on

Kunal Kambli

Supreme Court expands Patanjali misleading ads hearing to include FMCG companies

PTI

Patanjali ads case: Supreme Court asks Ramdev, Balkrishna to issue public apology; says not letting them off hook yet

PTI

Patanjali to pay fine of Rs 11 lakh within a month for misbranding, misleading ads

BI India Bureau

The Ads authority in India is very angry about Patanjali’s misleading advertisements

BI India Bureau

Patanjali rapped for 'false and misleading' hair oil, washing powder ads

BI India Bureau

For Patanjali Ayurved, rival MNCs are nothing short of East India Company

BI India Bureau

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