Kerala High Court Halts Legal Actions Against Ramdev and Balkrishna
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Synopsis
The Kerala High Court has paused criminal proceedings against Patanjali Ayurved's promoters, Baba Ramdev and Acharya Balkrishna, regarding misleading advertisements. This decision comes after a complaint about the product 'Mukta Vati Extra Power'. The court's ruling allows for further review of the case over the next three months.
Key Takeaways
- Kerala High Court has stayed proceedings against Ramdev and Balkrishna.
- The allegations involve misleading advertising for 'Mukta Vati Extra Power'.
- The court set a three-month pause for the ongoing legal actions.
- Legal arguments highlight the necessity of medical prescriptions for the product.
- The complaint was initiated by the Palakkad Drug Inspector.
Kochi, April 3 (NationPress) The Kerala High Court has, on Thursday, put a pause on the criminal proceedings targeting the promoters of Patanjali Ayurved, Baba Ramdev and Acharya Balkrishna, concerning allegations of misleading advertising.
A single judge bench led by Justice V G Arun has suspended the legal actions currently underway in the district court of Palakkad for a period of three months.
The legal action against Patanjali and its founders was initiated following a complaint submitted by the Drug Inspector of Palakkad, who claimed they disseminated a misleading advertisement for a product named 'Mukta Vati Extra Power' on September 30, 2023.
The complaint stated that the advertisement for 'Mukta Vati Extra Power' contravened the stipulations of the Drugs and Magical Remedies (Objectionable Advertisement) Act, 1954.
The complainant asserted that the advertisement, which was printed in a newspaper, sought to entice patients into purchasing the drugs, potentially leading to self-medication and usage of the drug without medical guidance, which could cause harmful and irreversible consequences on individuals' health.
Subsequently, an inspection was carried out at the Patanjali facilities, where the drug was discovered to be available for sale.
According to the complaint, "It was classified as a drug under Section 2(b) of the Act, and the product's label indicated 'Indications- Useful in Blood Pressure (Cardiac Disorder)', which is claimed to be an advertisement as outlined in Section 2(a) of the Act."
Following this, Ramdev and Balkrishna sought relief from the High Court to have the criminal proceedings against them annulled.
In their appeal, they noted, "The term magic remedy refers to a drug believed to possess miraculous powers. The intention of Section 3(d) is to suggest that the drug's use is not advertised as a magical remedy."
"The advertisement clearly states that the medicine should only be used upon obtaining a prescription from a registered medical practitioner, indicating that it does not encourage immediate use of the drug. Hence, the offense under Section 3(d) is not applicable," they contended.
