Licences of 14 Patanjali, Divya Pharmacy products suspended following SC reproach

In response to a scathing reprimand from the Supreme Court, the Uttarakhand State Licensing Authority has taken decisive action, suspending the manufacturing licences of 14 products belonging to Patanjali Ayurved Ltd and its affiliate, Divya Pharmacy. This move, effective immediately, was disclosed in an affidavit submitted to the Supreme Court on Monday, April 29.

The suspended products include Swasari Gold, Swasari Vati, Bronchom, Swasari Pravahi, Swasari Avaleh, Mukta Vati Extra Power, Lipidom, Bp Grit, Madhugrit, Madhunashini Vati Extra Power, Livamrit Advance, Livogrit, Eyegrit Gold, and Patanjali Drishti Eye Drops.

Citing Rule 159(1) of the Drugs and Cosmetic Rules 1954, the Authority invoked its power to suspend the licences, a decision that follows the Supreme Court's criticism of the State Authority's failure to address Patanjali and Divya Pharmacy's unlawful advertising practices.

The Authority revealed that a criminal complaint has been lodged against Patanjali Ayurved, its Managing Director Acharya Balkrishna, co-founder Baba Ramdev, and Divya Pharmacy under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. Expressing regret for any inadvertent non-compliance, the Authority tendered an "unconditional and unqualified apology" to the Supreme Court.

Furthermore, Patanjali and Divya Pharmacy have been instructed to cease manufacturing these products immediately and provide the original formulation sheets to the Deputy Director of the State Licensing Authority.

The State Licensing Authority also issued a set of directives to all Ayurvedic/Unani medicine factories in Uttarakhand:

• Strict adherence to the Drug and Magic Remedies Act, 1954,
• Prohibition on the use of claims such as "Approved/Certified by the Ministry of AYUSH" on product labels,
• Adherence to advertising regulations outlined in the Consumer Protection Act, 2019, Cable Television Networks Act, 1995, and Emblems and Names Act, 1950,
• Compliance with Rules 161, 161A, and 161B of the Drug and Cosmetic Act, 1945 concerning product labeling,
• Conducting recruitment tests in accordance with relevant legislation before broadcasting advertisements, as stipulated by the Consumer Protection Act, 2019, Cable Television Networks Act, 1995, Emblems and Names Act, 1950, and Drugs and Magic Remedies Act, 1954.

(With LiveLaw inputs.)