THE DRUGS and MAGIC REMEDIES (Objectionable Advertisements) ACT 1954,
Nestlé's "MAGGIE NOODLES CASE" serves as a well-known example, where the entire stock was removed from the market and destroyed due to excessive levels of MSG.
Patanjali Ayurved, an Indian multinational conglomerate based in Haridwar, has also come under scrutiny. The Supreme Court of India temporarily banned Patanjali from advertising certain products due to false and misleading health claims. The Indian Medical Association (IMA) filed a case against Patanjali under the Drugs and Magic Remedies Act, citing false claims by the company and its brand ambassador, Baba Ramdev. These claims included statements that modern medicine was “stupid and bankrupt science” and spreading misinformation about COVID-19 vaccines (also marketed Coronil tablets as remedy for Covid 19 - removed now ).
Following these incidents, the Uttarakhand State Licensing Authority suspended the licenses for 14 Patanjali products, including traditional medicines for asthma, bronchitis, and diabetes, due to repeated misleading advertisements.
Misleading pharmaceutical advertising often includes:
*Exaggerating a drug's benefits
*Downplaying or omitting risks
*Failing to provide a balanced view of risks and benefits
*Misrepresenting study data
*Making unsupported claims
*Omitting material information about the drug
*Making misleading product comparisons
Due to non-compliance with previous Supreme Court orders, the Court issued a contempt notice to Patanjali, its managing director Acharya Balkrishna, and Baba Ramdev.
Following the Supreme Court's judgment, Patanjali took several corrective actions:
Removed 14 herbal medicines from shelves
Asked social media and e-commerce platforms to remove advertisements for these products
Baba Ramdev and Acharya Balkrishna apologized in open court for violating the order
Patanjali assured the Court it would refrain from publishing misleading advertisements in the future.
The Supreme Court's decision underscores the importance of consumer protection, particularly for vulnerable populations such as families with babies and school-aged children, against misleading medicinal claims. more