Misleading ads: SC stays Ayush Ministry's notification pertaining to Drugs, Cosmetic Rules

A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry was in the teeth of its May 7, 2024 order.

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 that prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs.

A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry was in the teeth of its May 7, 2024 order.

Clamping down on misleading advertisements, the apex court on May 7, 2024 had directed that before an advertisement is permitted to be issued, a self-declaration be obtained from the advertisers on the line of the Cable Television Networks Rules, 1994.

"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, effect of the notification dated omitting shall stand stayed," the bench said.

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

The Centre had earlier 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.

"It is respectfully submitted 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 vide letter dated 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 Centre had said in its affidavit.

The top court had in May questioned the Centre over an August 29, 2023 letter by the Ministry of Ayush asking the licensing authorities not to initiate or take any action under rule 170 of Drugs and Cosmetics Rules, 1945.

The bench had told Nataraj that the ministry shall "forthwith" withdraw the August 29 last year letter.

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