SC stays notification omitting application of rules on ads for Ayurvedic, Siddha, Unani medicines

New Delhi: The Supreme Court on Tuesday stayed a notification issued by the Ministry of Ayush, which omitted rule 170 of the Drugs and Cosmetics Rules, 1945, prohibiting misleading advertisements in connection with the Ayurvedic, Siddha, and Unani drugs, saying the notification runs contrary to the directions issued by it.

A bench of Justices Hima Kohli and Sandeep Mehta criticised the Ministry for the notification, saying that it was in the teeth of its May 7, 2024 order. Earlier, the Centre defended its August 2023 letter to states and Union Territories asking authorities not to initiate action against any entity for violating Rule 170 of the Drugs and Cosmetics Rules.

"Instead of withdrawing the letter dated August 29, 2023, for reasons best known to the ministry, the notification dated July 1 to omit Rule 170 of the Drugs and Cosmetics Rules, 1945, has been issued which runs contrary to directions issued by this court," the bench said.

The court was hearing a plea filed in 2022 by the Indian Medical Association against the campaign by Patanjali and yoga guru Ramdev against the Covid-19 vaccination drive and modern systems of medicine.

Additional Solicitor General K M Nataraj, representing the Centre, submitted that he will file an affidavit clarifying the position.

In order to address the issue of misleading advertisements, the apex court had on May 7 directed that before an advertisement is permitted to be issued, a self-declaration has be obtained from the advertisers on the line of the Cable Television Networks Rules, 1994. “Till further orders, effect of the notification shall stand stayed,” the bench said.

The bench opined the notification flies in the face of order passed by it on May 7, 2024. "In other words, till further orders are passed, Rule 170 shall remain in the statute book," the bench said.

The Centre had earlier said that as the process of final gazette notification will take further time, in order to avoid confusion among the various state/UT SLAs (state licensing authorities) and to prevent avoidable litigations, Ministry of Ayush by its letter of August 29, 2023 directed all state/UTs licensing authorities not to take any action under Rule 170 of the Drugs and Cosmetics Rules, 1945 as the final notification is under process.

The court had expressed its discontent with this response and told the Centre’s counsel that the ministry shall "forthwith" withdraw the letter issued on August 29 last year.