Representative image: Supreme Court highlights need to ban misleading advertisements of Ayurvedic, Siddha and Unani medicines | Photo credit: KR Deepak
The Supreme Court on Tuesday (August 27, 2024) stayed a notification by the Ministry of Health of India which omitted Section 170 of the Drugs and Cosmetics Rules, 1945, which bans misleading advertisements of Ayurvedic, Siddha and Unani medicines.
A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry was contrary to its May 7, 2024 order.
In a bid to crack down on misleading advertisements, the Supreme Court had on May 7, 2024 directed that self-declaration be obtained from advertisers as per the Cable Television Networks Rules, 1994, before any advertisement is allowed to be published.
“For reasons best known to the ministry, instead of revoking the letter dated August 29, 2023, a notification dated July 1 was issued deleting Rule 170 of the Drugs and Cosmetics Rules, 1945, which is contrary to the directions issued by this court…,” the bench said.
“The effect of the omitted date notice is suspended until further orders,” the court said.
Additional Solicitor General KM Nataraj, appearing on behalf of the central government, said they would file an affidavit clarifying their position.
The central government had earlier defended a letter it had sent to states and union territories in August 2023 asking authorities not to take action against any entity for violating Section 170 of the Drugs and Cosmetics Rules.
“As the process of final gazette notification will take more time, it is respectfully submitted that to avoid confusion among the SLAs (State Licensing Authorities) of various States/Union Territories and to prevent inevitable litigation, the Ministry of Ayush has vide letter dated August 29, 2023 directed the Licensing Authorities of all States/Union Territories not to take any action under Rule 170 of the Drugs and Cosmetics Rules, 1945 as the final notification is under process,” the central government said in its affidavit.
The top court had in May questioned the central government about a letter issued by the Indian Ministry of Agriculture on August 29, 2023, asking licensing authorities not to initiate or take any action under Section 170 of the Drugs and Cosmetics Rules, 1945.
The court told Nataraj that the ministry should “immediately” withdraw its letter of August 29 last year.
The Supreme Court is hearing a 2022 petition by the Indian Medical Association alleging a smear campaign by Patanjali and yoga guru Ramdev against the Covid-19 vaccination drive and the modern healthcare system.
