Tuesday, April 30

A One Man Pursuit: Meet The Kerala Doctor Who Challenged Patanjali’s Misleading Ads

Edited by Aishwarya Krishnan
A One Man Pursuit: Meet The Kerala Doctor Who Challenged Patanjali’s Misleading Ads

An ophthalmologist by profession, Dr. Babu KV, realised the dangers of following misleading ads and the heavy cost to public health after a friend’s mother suffering from glaucoma nearly turned blind after switching to ayurvedic medicines. In February 2022, he filed a complaint with the Ayush Ministry against one of the biggest advertisers of misleading ads, Patanjali.

Hailing from Kannur, Kerala, the doctor sent over 100 RTI applications to the Drugs Controller General of India (DGCI), the Press Council of India, and the Minister of Ayush, Ayurveda, and Unani Services in Uttarakhand. The complaints were filed against Divya Pharmacy, a manufacturing unit owned by Patanjali Ayurved Limited in Haridwar, over its publication of advertisements prohibited by the law.

The 59-year-old was facing off against a powerful and giant firm. Headed by billionaire Acharya Balkrishna and yoga guru Baba Ramdev as its main face, Patanjali grew exponentially after the saffron party came into power in the centre. Prime Minister Narendra Modi had even inaugurated Patanjali’s research institute in Uttarakhand in 2017, apart from publicly endorsing the conglomerate. Returning the favour, Baba Ramdev asked his millions of supporters to vote for the politician. According to a Reuters report, the multinational firm received over $46 million in discounts for acquisition of lands in BJP-controlled states.

Taking on such a formidable opponent, Dr. Babu says, “As a medical practitioner, I felt like it was my responsibility to step in,” as quoted by The Quint.

The complaint was under two laws. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 which lists around 54 diseases, conditions, or disorders for which ads are prohibited, particularly those claiming “cure, diagnosis, or prevention.” Likewise, the Drugs and Cosmetics Act and Rules, 1945, also list 51 diseases. Almost all ads by Patanjali violated the above laws.

Apart from Babu, there were other complaints by people around the same time. Around May 2022, the conglomerate claimed that it had stopped promoting the misleading ads. However, Patanjali was back advertising treatments for diabetes, goitre, cholesterol, glaucoma, and high or low blood pressure, violating both the DCA and DMR acts.

The RTI activist first noticed an ad promoting an eye drop on X (formerly known as Twitter), which claimed to be effective in treating multiple ailments, including glaucoma, colour vision, night blindness, cataracts, double vision, retinitis, and more. The supposed ‘wonder’ drug was manufactured by Patanjali’s Divya Pharmacy. Around the same time, two of his patients who had been using such ayurvedic products for glaucoma had their conditions worsen. “This was when I realised how big the impact of those advertisements was. It is a huge public health issue,” he said, as quoted by The Federal.

The ophthalmologist stated that an investigation should have been launched following the normal legal procedure; however, the Uttarakhand government didn’t reply to his RTI reply, citing the matter to be sub judice. He also held the news media outlets accountable for exhibiting their lack of responsibility by publishing misleading ads. Reportedly, Dr. Babu also made complaints against the Times of India and Mathurbhumi.

Following years of filing RTIs, communicating with the responsible authorities, and legal battles, in April this year, Dr. Babu KV finally won. The Supreme Court rejected the numerous apology affidavits submitted by the conglomerate and criticised the Uttarakhand government for its indifference and inaction, as well as the central government’s silence throughout the matter.

However, this is not the only big case taken on by the doctor. Practicing since 1992, the ophthalmologist began his activism three years after the Right to Information Act (2005) was passed. In 2008, he filed a complaint against the Indian Medical Association (IMA) for signing a Rs 2.25 crore deal with Pepsico for promoting its products, violating the Medical Council of India’s (MCI) Code of Ethics Regulations (2002).

The following eight years witnessed Babu fighting against his expulsion by the IMA Kerala branch and the MCI. The case was dropped in 2016 by the MCI after the Public Service Commission intervened, as reported in Article 14.

In 2009, following the closing down of three PSUs manufacturing life-saving vaccines by Anbumani Ramadoss, then health minister of the UPA government, Babu’s RTIs pulled the curtains, exposing India’s vaccine shortage. The information was then used by NGOs in the top court to bring attention to the matter.

When asked about his intervention in Patanjali’s misleading ad case in May 2023, Article 14 quoted the practicing doctor and RTI activist, saying, “I feel very proud knowing that citizens can make a difference. My winning is a message that we can use existing avenues to fight the powerful, even when difficult. Sometimes it can be hard, but it can work.”