Admonished by the Supreme Court, the Uttarakhand state licensing authority has finally suspended the manufacturing licences of 14 questionable products from Patanjali Ayurved and Divya Pharma. The action was taken for the repeated insertion of misleading ads in violation of Rule 159(1) of the Drugs and Cosmetics Rules, 1945.
The licensing authority also informed the court that a criminal complaint had been filed against Patanjali and its promoters Baba Ramdev and Acharya Balakrishna for breach of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Ayurveda and other ancient systems of medicine have a definitive place in our health infrastructure. But the brazen claims of Patanjali, especially those attacking the allopathic medical system, have been shocking our conscience for the last few years.
The tragedy is that Patanjali has got away for years because regulators turned a blind eye. The top court has sought an explanation for a letter issued by the Ministry of Ayush directing states not to take action against offending ads.
The basis of this ministry letter was a false claim that Rule 170 of the Drugs and Magic Remedies Act, which bars ads of ayurvedic, siddha or unani drugs without the licensing authorities’ approval, was awaiting a final decision of the court. The fact is that no court had stayed Rule 170 in the interim. Patanjali’s clout is legend. The Uttarakhand licensing authority, under which Patanjali’s Haridwar facilities fall, banned a set of drugs on November 9, 2022; but it withdrew the order within 3 days, claiming it was an ‘error’.
It is clear that the regulators—the Central Drugs Standard Control Organization, Ministry of Ayush, and the state licensing authorities—have enough power to investigate and stop the production and advertisement of questionable drugs.
We have the freedom to pursue the business of our choice, but regulators are in place to ensure no one crosses the red lines. And those who license drugs and certify foods and beverages have a special place, as they are tasked to ensure that people’s health and safety are not put at risk.
However, these checks and balances have been undermined. Things have reached a stage where the courts are stepping in to regulate the regulators. This cannot be a regular practice. There must be some introspection. The government has to allow regulators to function without fear or favour.