Celebrity Endorsements: Ethical Responsibilities and Legal Implications Examined through the Patanjali Case

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Image Source India Today 

  • The court emphasizes the influence of celebrity endorsements on product marketing.
  • Observations were noted during the Patanjali misleading advertisements case hearing. 
  • The court has instructed advertisers to submit a self-declaration before airing advertisements.

In a significant ruling, the Supreme Court of India underscored the pivotal responsibility borne by celebrities and public figures when endorsing consumer products, particularly in the context of cracking down on misleading advertisements. The court’s directive came during a hearing concerning misleading promotions by Patanjali Ayurved Ltd., prompted by a petition filed in 2022 by the Indian Medical Association (IMA) alleging a campaign aimed at discrediting the Covid vaccination effort and contemporary medical systems.

The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, issued stringent guidelines, compelling advertisers to furnish a self-declaration aligning with the Cable Television Network Rules 1994 before airing advertisements. These rules mandate that advertisements must comply with prevailing laws in the country. Moreover, the court urged relevant Union ministries to provide updates on misleading advertisements and the actions taken by the Central Consumer Protection Authority (CCPA) to address such issues effectively.

During the proceedings, the court emphasized the profound impact of celebrity endorsements on product promotion, highlighting the necessity for responsible conduct by endorsers. The court emphasized that when celebrities, influencers, or public figures endorse products, it significantly boosts their promotion. It is crucial for them to endorse products responsibly during advertisements and take accountability for their endorsements.

Expressing dissatisfaction, the bench noted the persistence of misleading Patanjali product advertisements on various online platforms despite being prohibited. This stance underscores the judiciary’s commitment to curbing misleading marketing practices and ensuring accountability in advertising, especially concerning public health and consumer rights.

The court’s proactive approach in this matter signals a robust effort to protect consumers from deceptive advertising tactics while emphasizing the critical role of celebrities in maintaining integrity and transparency in product endorsements. This ruling serves as a significant step towards enforcing ethical advertising standards and upholding public trust in promotional practices within the consumer market.

Baba Ramdev’s purportedly ‘unconditional’ apology to the Supreme Court in the Patanjali advertisements case

Image Source India Today 

Baba Ramdev issues an apology to the Supreme Court regarding the misleading advertisements case involving Patanjali. The Supreme Court will address the matter of Patanjali’s misleading ads on Wednesday. The Indian Medical Association filed a complaint against Patanjali.

Yoga guru Baba Ramdev and Patanjali Ayurved’s Managing Director Acharya Balkrishna have issued an unconditional apology before the Supreme Court in relation to misleading advertisements for Patanjali’s medicinal products. This apology comes a day before their scheduled appearance before the court for a hearing on the matter.

In a short affidavit filed, Baba Ramdev tendered an unconditional apology specifically for a November 2023 press conference, expressing regret for the lapse and assuring the court that such behavior would not be repeated. The affidavit expressed deep regret for the mistake and assured the court that it would not happen again. 

The Supreme Court had previously directed both Baba Ramdev and Acharya Balkrishna to provide reasons why contempt proceedings should not be initiated against them for failing to comply with earlier undertakings. The court deemed an earlier apology by Baba Ramdev as incomplete and issued a final opportunity to file a proper explanation affidavit.

Additionally, the state of Uttarakhand, where Patanjali Ayurved is headquartered, has filed a detailed affidavit assuring strict action against Patanjali as per the law. The state government’s involvement in the case follows the court’s decision to make Uttarakhand a party to the proceedings.

The controversy surrounding Patanjali’s advertisements began with a petition filed by the Indian Medical Association (IMA) alleging misleading claims and disparagement of allopathy in Patanjali’s advertisements. The IMA argued that these claims were in breach of the Drugs and Magic Remedies Act, 1954, and the Consumer Protection Act, 2019. 

Despite earlier warnings from the Supreme Court to cease misleading advertisements or face a fine of Rs 1 crore, Patanjali continued to run the advertisements, prompting the court to issue contempt notices. The court’s scrutiny of Patanjali’s advertising practices underscores the importance of compliance with advertising regulations and consumer protection laws.

The Ministry of Ayush also addressed concerns over Patanjali’s Coronil tablet, indicating that it may only be considered a supportive measure in Covid-19 treatment after an interdisciplinary review process.

The Supreme Court’s ongoing evaluation of this case reflects its commitment to upholding legal standards in advertising and healthcare claims, while ensuring accountability for entities like Patanjali Ayurved in their marketing practices. The upcoming hearing is anticipated to shed further light on this contentious issue and the actions to be taken moving forward.

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