The Patanjali case has opened a can of worms

The dark zone

There are hundreds of other advertisements that continue to make false health claims. From ‘Mountain Dew’ creating Supermen who dive off mountains, to ‘energy’ drinks such as Horlicks and Boost, the poor consumer is constantly under pressure to embrace expensive and dubious food and beverage supplements rather than rely on good, wholesome home food.

Then, beyond these celebrity products, there is a dark zone of clandestine advertising by a set of jiggery-pokery products that are advertised in regional and national newspapers. Theyare little better than con-jobs, and claim to banish impotency, grow scalp hair overnight, and keep sexual virility going for nights on end.

While our attention is on big brands like a Patanjali or Horlicks, the brand reach of some of these is in millions, and often larger than what our English-speaking middle-class identifies with. Sample some of the common ones: The ‘Hempushpa’ drug claims it keeps women ‘active’ for the whole month, while the ‘Japani capsule’, an old con-brand, claims it gives the user a “feeling of energy and elation”. Yet again another brand ‘Zulf Raj’ says it stops hair loss, and prevents it from turning grey.

The ancient system of medicine in Ayurveda, Yunani and Siddha practice continues to contribute in a big way to our health system. However, quackery – as is present in allopathic medical practice – is a bane that has to be eliminated. The Ministry of Ayush was thus set up in November 2014 as a regulator of these ancient systems of medicine. Unfortunately, as we have seen, it has failed.

Ordinarily, media platforms should stop unethical advertising campaigns at the booking stage. However, given the delicate financials of media organisations, they have been turning a Nelson’s eye to ad content. Here is where the ministry of Ayush, steps in. The teeth provided by Rule 170 of the DMR Act are strong enough ensure these ads don’t appear.

Banning the products is a more complex process. But if the regulatory system ensures misleading and harmful advertising does not see the light of day, more than half the battle is won. There is no doubt the Patanjali case, when it reopens on 30 April or thereafter, will be keenly watched.

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