Advertisement is the best tool of any company. The whole business industry is based on advertisements. It is a tool which conveys information to the potential consumers in a very effective way. There is a saying by Jay Bear that “Make your marketing so useful, people would pay for it.” Hoodwink advertisement are those commercial portray which affirms cloudy, false, vague or illusory information, which affects average customer’s psychology which influences them to act in other ways towards the brand. An advertisement will be Hoodwink if it misleads an average customer mind in any way, claims false information, omits any material fact which is a must to portray. It includes misrepresentation, unacceptable business practices, misleading content, missing information, unclear relevance, or unavailable offers. Deodorants ads broadcasts themselves as after applying deodorants women starts chasing or liking men.
Advertisements like, after consuming energy drinks consumer gets wings and starts flying. After consuming soft drinks, consumers become fearless.
Advertisements like, after using toothpaste, people have experienced such results that they replaced tube lights and bulbs by human beings for light. The above examples depict Hoodwink Advertisement.
The Supreme Court of India on 10th April 2024, strike out at the Government of Uttarakhand for taking insufficient measures to question the misleading advertisements created and published by Patanjali Ayurveda, a company owned & incorporated by Baba Ramdev and Balkrishna. This rage was an outcome of the indeterminate advertisements made by the company, exclusively only for the product ‘Coronil Kit’ which was trade and retailed as an herbal antidote and a ‘cure’ for the novel Covid-19 during the year 2021.
Recently, in November 2023, Justice Amanullah of the Apex Court even intimated the yoga guru to halt with false advertisements and even warned to impose a fine of Rs. 1 crore on each and every product having been falsely advertised. However, even after continuous warnings, the Supreme court imposed a temporary ban on Patanjali from advertising its products under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.[1]
The main reason for the Supreme Court’s intervention regarding the advertisements of Patanjali started with the product ‘Coronil’. On 23rd June 2020, Patanjali launched the Coronil Kit as a new ayurvedic remedy with a claim to cure the Coronavirus. The product was declared to be clinically tested and verified. Initially, the company claimed that the product helped in completely curing the patient within a few days but later when the Ministry of AYUSH sought to ban the product advertised and sold as a ‘cure’, the company backtracked and refused to accept the initial claims and later asserted the product to be a mere immunity booster. The Ministry strongly criticized the actions of the company and allowed only to sell the product as an immunity booster and not as a cure for Covid-19.
Moreover, it was even asserted that the Coronil kit was a recognized medicine for Covid-19 by World Health Organisation (WHO) but it was later clarified by WHO through a Twitter post that the claims were completely vexatious and no such recognition was given to any medicine. Even though the ministry had advised Patanjali to stop advertising coronil, unknowingly the product was highly advertised by the media houses throughout the country. News channels did not bother to inquire about anything and publicized the product which was even prohibited by the central ministry.
[1] “‘Humbug’: SC slams Patanjali over ‘perfunctory’ apology for misleading ads” The Print (New Delhi, 2 April 2024) <https://theprint.in/judiciary/humbug-sc-slams-patanjali-over-perfunctory-apology-for-misleading-ads/2024299/> accessed 16 April 2024
According to Baba Ramdev, the clinical trial of coronil kit was done at the NIMS University of Jaipur. But later with the unfolding of the controversies, The NIMS University head clarified that the hospital had not participated in any clinical studies for the contentious ayurvedic medication, further distancing the university from any association with the company
As a consequence of all these claims by different ministries and departments, Baba Ramdev in one of his videos made derogatory remarks towards the Indian Medical Association targeting Allopathy and declaring it as a “stupid science”. The association was infuriated by the remarks passed by Baba Ramdev and asked the Union Health Ministry to take action against such claims.
In 2022, a petition was filed by IMA (Indian Medical Association) and the General Secretary of IMA Jayesh Lele filed a case against Patanjali Ayurveda Ltd, Acharya Balkrishna, and the central government for hoodwink advertisements published by Patanjali targeting allopathic practices. The Supreme Court warned to charge a fine of Rs. 1 Crore on Patanjali’s falsely advertised product.
In February 2024, the Supreme Court even demanded an apology from the CEO of Patanjali Balkrishna but the notice of the Apex Court was completely ignored. As a result on 9th April 2024, the Supreme Court asked for an ‘unconditional apology’ from both the founders Acharya Balkrishna and Baba Ramdev. Even the state government of Uttarakhand was scolded for negligence of the actions of the company.
CONCLUSION
In light of the above circumstances, the impact of advertising on consumers is irrefutable, and that is the reason why commercial advertising should be rational. It’s been 28 years since the Consumer Protection Act, 1986 was enacted, yet hoodwink advertisements are still prevailing. Indian Legislature must ensure attempts to curb the unethical behaviour of companies by enacting stringent laws. Even the advertisement agencies must ensure honest advertisement as they are solely responsible for broadcasting.
Article written by
Ashish Sameer Shinde (KES JP Law College, Kandivali)
University of Mumbai THIRD YEAR Semester 6 BA LLB (Hons.)
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