The Supreme Court on Tuesday (August 27, 2024) halted an earlier notification of the Ministry of Ayush, which deleted rule 170 of the Drugs and Cosmetics Rules, 1945 section, which prohibits the misleading advertising of Ayurvedic, Siddha, and Unani drags
“Justices Hima Kohli and Sandeep Mehta further said that the notification that came from the ministry was in the teeth of the order issued on May 7, 2024,”
With a view to put an end to false advertising, the Supreme Court on May 7, 202 best emphasized that cosmetic advertisements will not be issued wasted without first seeking a self-declaration from the advertisers akin to the provisions of the Cable Television Networks Rules, 1994.
“Given the fact that the letter of august 29, 2023 was very much in order for the reasons best known to the ministry the notification was issued to omit rule 170 of the Drugs and Cosmetics Rules, 1945 which runs contrary to directions issued by this court.…” the bench has said.
“As soon as there are additional orders, we will stop the effect of the notification dated.” the bench said
Additional Solicitor General K M Nataraj appearing for the Centre undertook that he shall make an affidavit with regard to this position.
The Centre had previously explained the reasons for the August 2023 letter that was sent out to the states and Union territories asking the authorities to stay away from punitive measures against any person or organization for the infraction of Rule 170 of the Drugs and Cosmetics Rules.
“There is no other way except for the fact that since the final gazette notification may further take time, the ministry of ayush considering the presence of various state/ UT SLA and anticipating avoidable litigations ordered by the letter dated August 29, 2023 that no action is taken under Rule 170 of the Drugs and Cosmetics rules, 1945 as the final notification is under process.” the Centre said in a sworn document.
The Supreme court had in May examined the August 29 2023 letter by the Ministry of Ayush that instructed the licensing authorities that Rule 170 of the Drugs and Cosmetics Rules 1945 shall not be invoked or enforced against the licensing authorities.
The bench had further told Mr. Nataraj that the ministry shall “forthwith” withdraw the letter dated 29th August last year.
The Supreme Court is currently hearing the Indian Medical Association petition that was filed in 2022 claiming that Patanjali and yoga guru Ramdev are defaming the efforts to vaccinate people against Covid and the modern medical science.
