Patanjali’s chequered record: Under fire since 2016 for ‘misleading ads’

These are troubled times for Baba Ramdev-owned Patanjali Ayurved – first complaints about misleading ads by the Indian Medical Association (IMA) and then the Supreme Court pulling it up for ‘contempt of court’.

However, this isn't the first time that the company has been in trouble. It has a history of legal battles over misleading advertisements. In 2016, the Advertising Standard Council of India (ASCI) reprimanded Patanjali Ayurveda for similar issues. But Patanjali lodged a complaint against ASCI for defaming the company.

When asked about the status of the case, Manisha Kapoor, CEO & Secretary General of ASCI, said the case was still pending and is sub judice. “Patanjali took ASCI to court for processing complaints against its ads, which had been filed by various parties, and recommending that its ads be taken down based on the deliberations in the ASCI consumer complaints council. The case is still pending in the Bombay High Court and since 2019 no new hearing dates have been declared.”

ASCI had then sought an explanation from the company regarding ads that allegedly defamed its competitors. However, the responses provided were deemed unsatisfactory. ASCI had sent nearly 25 notices to the company and upheld 10 complaints against its products like Jeera Biscuit, Kacchi Ghani Mustard Oil, Kesh Kanti and Dant Kanti, among others.

According to reports from 2016, in the ad for Kachi Ghani Oil, Patanjali had claimed that mustard oil sold by their competitors was “adulterated with oil made by solvent extraction process with neurotoxin containing Hexane”. However, when asked to substantiate with evidence, the company failed to do so, the reports said. Competitor brands felt this was an unfair practice and complained about the same to ASCI.

Again in the year 2020, ASCI pulled the company over ads where the company claimed to have come up with a cure for Covid-19. The regulatory body sent the notice within hours of the product being launched. The ads were also found to contravene regulations issued by the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH). The directives issued on April 1, 2020, prohibit promotion and advertising of AYUSH-related claims. The ministry had directed the company to stop advertising of the product until they submitted all necessary documents.

The case at hand

In November 2023, the Supreme Court, in response to a plea filed by the IMA, issued a notice to Patanjali Ayurveda directing it to not release any ‘misleading’ advertisements or make statements adverse to allopathy. In the plea, the IMA had accused Patanjali of defaming evidence-based medicine. The petition by IMA requested the court to control the "smear campaign" and negative advertisements against the vaccination drive and modern medicines.

Patanjali came under fire again on February 27 when the Supreme Court issued a contempt notice to the company and its Managing Director Acharya Balakrishna for violation of its previous order.

e4m reached out to Acharya Balakrishna, MD, at Patanjali Ayurved for a comment on the issue but no response has been received.

The next hearing in the case will be held in 10 days.