New Delhi | The Delhi High Court on Monday restrained yoga guru Ramdev from making claims that "Coronil" is a cure for COVID-19 and directed him to take down such assertions with respect to the Patanjali product from all websites and social media platforms within three days.
Justice Anup Jairam Bhambhani, in an interim order on a lawsuit filed by several doctors' associations, observed that statutory approvals allowed the tablet to be used as a "supporting measure for COVID-19", which was a "far cry" from Ramdev's claim of it being a treatment for the viral disease.
Allowing such advertisement and promotion of the product would not only put the public at risk, but may also bring "disrepute" to Ayurveda, the judge opined.
The doctors' associations had filed the lawsuit in 2021 against Ramdev, his associate Acharya Balkrishna as well as Patanjali Ayurveda, claiming that they had made "unsubstantiated claims" with respect to "Coronil" being a cure for COVID-19, contrary to the licence granted to the drug for merely being an "immuno-booster".
"The contesting defendants have represented to the public at large that the said tablet is a treatment, medicine and even cure for COVID-19. Such statements and representations are clearly contrary to, and in flagrant violation of, the statutory approvals, certifications and licences issued by the Ministry of AYUSH and/or by the licensing authorities," the court said in its judgment passed on an application moved by the doctors seeking interim relief.
"The said tablet is, at best, an immunity booster, which strengthens the immune system in a general sense, and the said tablet cannot be advertised or promoted as a treatment, medicine or cure for COVID-19. To be clear, anecdotal evidence of some persons can never be a substitute for statutory approval, certification or licensing of the said tablet as a treatment, medicine or cure for COVID-19," the court held.
Emphasising that the world was facing the "most serious health crisis that humanity had seen in the last century" when the claims were made and "people were at their most vulnerable", the court said the plaintiffs had made out a "very strong prima-facie case" for the grant of interim relief and that the conduct of the contesting defendants -- Ramdev and the others -- had been "egregious", with "continuing potential of public nuisance and mischief".
"This court is constrained to observe that if the contesting defendants are permitted to continue to promote and advertise the said tablet, not only would the public at large be at risk of their health, the ancient and venerated system of Ayurveda may itself come into disrepute," the court said.
"The contesting defendants are directed to forthwith delete and take down from all websites on the internet and social-media platforms (that are within their management and control) all statements...(specifically out in the judgment). Let requisite compliances be made by the contesting defendants within three days," it ordered.
The statements included claims with respect to "Coronil" being an "evidence-based medicine" and "cure" for COVID-19.
"The contesting defendants are hereby also restrained from further making, publishing, re-publishing, distributing, transmitting or releasing to the public the impugned statements referred to above or any other similar statements or content relating to Divya Coronil, either through print, digital or electronic media or otherwise, in any manner whatsoever, either directly or through their employees, officers, partners, associates or agents, until final disposal of the present suit," the court further ordered.
It said if the defendants fail to comply with the directions, the social media intermediaries will delete and take down the content from their respective platforms.
The court further said in its verdict that the branding and labelling of "Coronil" suggested that the drug "nullifies the coronavirus", which may amount to "mis-labelling" that is impermissible under the provisions of the Drugs and Cosmetics Act, and left it to the competent authorities to examine this aspect.
Ramdev's counsel had argued that the medicinal efficacy of "Coronil" should be appreciated in terms of how Ayurveda works as a system of medicine and requisite licences were granted to it after duly conducting clinical trials, research and studies.
The court noted that the Ministry of AYUSH had "repeatedly advised and cautioned" Ramdev and others not to publicise "Coronil" as a treatment for COVID-19 but they "persisted", "formally by way of advertisements or otherwise on the social media and by way of press conferences and interviews", in representing it as a "medicine or treatment or cure" for the coronavirus.
Despite undertakings and assurances given to the Supreme Court with respect to "misleading advertisements", the defendants made misrepresentations in relation to the medicinal efficacy of their products, the court further said.
"All representations, statements and advertisements put out by the contesting defendants contrary to the statutory approvals, certifications and licences that they hold are per-se false, incorrect and mischievous. Prima facie putting out such material amounts to public nuisance and a wrongful act that would affect the public at large," the court concluded.
