KERALA COURT ISSUES NON-BAILABLE WARRANT AGAINST BABA RAMDEV IN MISLEADING ADS CASE

On February 1, 2025, a Kerala court issued non-bailable warrants against Baba Ramdev and Acharya Balakrishna after they failed to appear before the court in a criminal case filed by the Kerala Drugs Inspector. The case pertains to allegations of misleading medical advertisements made by Divya Pharmacy, an affiliated company of Patanjali Ayurved, in violation of Indian drug advertisement regulations.

The court had previously issued bailable warrants requiring the accused to appear on the scheduled date. However, their non-compliance led the court to escalate the matter by issuing non-bailable warrants to ensure their presence in future proceedings. The case was initiated based on claims that Divya Pharmacy had promoted false and unverified medical benefits of its products through advertisements, thereby misleading consumers and violating legal provisions.

The legal proceedings are being pursued under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, particularly under Section 3, including subsections 3(b) and 3(d). These provisions prohibit advertisements that:

Claim to cure or prevent certain diseases as listed under the rules of the Act.

Promote drugs that allegedly enhance sexual performance or pleasure (Section 3(b)).

Advertise medicines that falsely claim to diagnose, treat, or mitigate serious health conditions (Section 3(d)).

The court's decision to issue non-bailable warrants indicates the seriousness of the charges and underscores the legal consequences for failing to comply with judicial summons. This development follows a growing scrutiny of Patanjali Ayurved’s marketing practices, particularly regarding misleading claims about the efficacy of Ayurvedic treatments.

Previously, Baba Ramdev and Patanjali Ayurved were under investigation by the Supreme Court of India for making advertisements that allegedly discredited modern allopathic medicine and promoted unsubstantiated medical claims. The Supreme Court had issued a contempt notice against the company for continuing to release such advertisements despite legal warnings. However, the contempt proceedings were later dropped after Baba Ramdev, Acharya Balakrishna, and Patanjali Ayurved issued a public apology, acknowledging their misleading statements.

With the non-bailable warrants now in effect, law enforcement authorities may be required to secure the presence of the accused and ensure they appear before the court on the next scheduled date. This case marks a significant legal action against false medical advertising, reinforcing the need for strict compliance with public health regulations and consumer protection laws in India.