New Delhi: Managing director of Patanjali, Acharya Balkrishna, issued an “unqualified apology” to the Supreme Court on Wednesday (March 20) for breaching its earlier assurance that it would not make misleading advertisements or claims.

Balkrishna said this in an affidavit filed in the court a day after it took exception to him not responding to a show cause notice it issued last month.

His affidavit stated that “the Deponent on behalf of Respondent No. 5 [Patanjali] submits an unqualified apology before this Hon'ble Court for the breach of the statement recorded in the order of November 21, 2023,” Mint reported.

It added: “The Deponent will ensure that such advertisements are not issued in the future.”

He also said he regretted that an advertisement in question, “which was meant to contain only general statements, inadvertently included the offending sentences,” the Indian Express reported.

While hearing a petition by the Indian Medical Association alleging that Patanjali attacked modern medicine using misinformation, the court orally warned the company on November 21 not to claim that its products can completely cure diseases, the Express reported.

In response, Patanjali said it wouldn't violate any laws while advertising and branding its products. It also said “no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form”.

But the Supreme Court said that Patanjali has since issued advertisements violating its assurance.

The court also said that on the face of it, Balkrishna and his associate, the yoga guru Ramdev, were in violation of laws prohibiting the advertisement of drugs relating to certain diseases and prohibiting misleading advertisements on drugs, Bar and Bench reported.

On February 27, the Express reported, the court said Patanjali continued to advertise medicines claiming “permanent relief” for diseases and said the entire country was being “taken for a ride”.

The court slammed the Union government for its lack of action on the misleading advertisements.

“The government is sitting with its eyes closed. This is very unfortunate. The government will have to take some immediate action,” NDTV quoted the court as saying.

It banned Patanjali from advertising its products that deal with certain diseases listed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

It also issued show cause notices to Patanjali and to Balkrishna asking why it should not initiate contempt of court proceedings against them, the Press Trust of India reported.

When they did not respond to the notices, the court on Tuesday (March 19) asked Balkrishna as well as Ramdev to appear before it on the next day of hearing in the case.

In his affidavit on Wednesday, Balkrishna reportedly also said the 1954 Act was in an “archaic state”.

“Respondent No. 5 Company [Patanjali] now possess evidence-based scientific data with clinical research conducted in Ayurveda, which would demonstrate the advances made through scientific research in the context of diseases mentioned in the said schedule,” the affidavit also said according to LiveLaw.

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