The Aryavarth Express
Agency(New Delhi): The Supreme Court expressed strong disapproval towards the Uttarakhand State Licensing Authority (SLA) for its prolonged inactivity regarding misleading advertisements by Patanjali Ayurveda. This criticism came during contempt proceedings against Patanjali for violating a previous court undertaking by continuing to publish deceptive advertisements.
Justices Hima Kohli and Ahsanuddin Amanullah highlighted that the SLA had been dormant for about four to five years since first being notified of the misleading ads in 2018. The bench accused the SLA of merely “pushing the file” without taking substantial action, suggesting a potential collusion with the offenders.
Senior Advocate Dhruv Mehta, representing the SLA, tried to justify the inaction by referencing an interim order from the Bombay High Court in 2019, which paused the application of certain advertising restrictions under the Drugs and Cosmetic Rules of 1945. However, the justices dismissed this defense as inadequate, stressing that a regulation cannot override an act, specifically the Drugs and Other Magic Remedies (Objectionable Advertisements) Act of 1954, which was not stayed.
The court has now demanded affidavits from various officers involved, from the Joint Director of the SLA to District Ayurvedic and Unani officers, to explain their inaction. Furthermore, the court hinted at possible contempt notices for these officials but has initially refrained from issuing them.
During the heated courtroom exchanges, Justice Kohli criticized the officers for their passive compliance and failure to independently enforce the law, despite directives from the central government to curb such advertisements. The discussion underscored the judiciary’s frustration with bureaucratic delays and legal loopholes being exploited at the expense of public health.
The case, reflecting deep systemic issues within regulatory practices, continues to develop as the court seeks to ensure accountability and protect consumer rights against misleading health claims. The matter is set for further hearing on April 16, with the court expected to take stringent measures to address these regulatory failures.
