On Tuesday, the Supreme Court paused the Centre’s notification that had omitted Rule 170 of the Drugs and Cosmetics Rules, 1945, which pertains to the prohibition of misleading advertisements for Ayurvedic, Siddha, and Unani drugs. The bench, comprising Justices Hima Kohli and Sandeep Mehta, stated that Rule 170 of the 1945 Rules shall remain in effect until further orders are issued.
Background on Rule 170
Rule 170 of the Drugs and Cosmetics Rules was designed to prevent misleading advertisements concerning Ayurvedic, Siddha, and Unani drugs. However, the Ministry of Ayush, through a notification dated July 1, 2024, omitted Rule 170 from the 1945 regulations.
Court’s Ruling on the Notification
The Supreme Court criticized the notification of omission, stating that it contradicts a previous court order. Instead of withdrawing the notification issued on August 29, 2023, which recommended omitting Rule 170, the Ministry of Ayush released a new notification on July 1, 2024.
Ministry’s Response and Court’s Decision
The lawyer representing the Ministry of Ayush requested additional time to clarify the reasons behind the omission. The court granted this request but maintained that until clarification is provided, the notification from July 1, 2024, removing Rule 170 will remain stayed, meaning Rule 170 continues to be enforced.
Legal Context and Future Proceedings
The Supreme Court had previously asked the Union of India to explain the letter dated August 29, 2023, issued by the Under Secretary of the Ministry of Ayush. This letter informed state and union territory licensing authorities and drug controllers of the Ayurvedic Siddha and Unani Drugs Technical Advisory Board’s (ASUDTAB) recommendation to proceed with the final notification omitting Rule 170.
The court is addressing concerns related to misleading health claims made by advertisements. The issue came to light in connection with a petition filed by the Indian Medical Associations against Patanjali for making misleading claims in its advertisements.
(WITH INPUTS FROM ANI)
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