The Supreme Court on Tuesday issued a stay on a controversial notification from the Ministry of Ayush that had removed Rule 170 of the Drugs and Cosmetics Rules, 1945. This rule is pivotal in preventing misleading advertisements for Ayurvedic, Siddha, and Unani drugs.
The bench, consisting of Justices Hima Kohli and Sandeep Mehta, criticized the Ministry’s decision as contradicting the Court’s previous order from May 7, 2024, which required advertisers to submit a self-declaration akin to the Cable Television Networks Rules, 1994, ensuring advertisement authenticity.
“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… Till further orders, the effect of the notification dated omitting shall stand stayed,” stated the bench.
Additional Solicitor General K M Nataraj, representing the Centre, promised to file an affidavit clarifying the government’s position. The Centre had previously justified its August 2023 letter to states and Union territories, instructing them not to enforce Rule 170 to prevent “confusion” and “avoidable litigations” among state licensing authorities as the final notification was still pending.
This legal tussle began with a 2022 plea by the Indian Medical Association, which accused Patanjali and yoga guru Ramdev of conducting a smear campaign against the COVID-19 vaccination drive and modern medicine.
