SC Stays Ayush Ministry’s Notification On Misleading Ads

The Supreme Court on Tuesday has stayed a notification by the Ministry of Ayush that removed Rule 170 from the Drugs and Cosmetics Rules, 1945. This rule banned misleading advertisements for Ayurvedic, Siddha, and Unani drugs.

The bench, consisting of Justices Hima Kohli and Sandeep Mehta, stated that the ministry’s notification conflicted with its May 7, 2024, order. The Court previously directed that a self-declaration, similar to the Cable Television Networks Rules, 1994, be obtained from advertisers before they could issue ads.

The bench criticized the Ministry of Ayush for not withdrawing its August 29, 2023, letter, which instructed states and Union territories not to enforce Rule 170. Instead, the ministry issued a new notification on July 1, 2024, which contradicted the Court’s order. The Court said, “Till further orders, effect of the notification dated omitting shall stand stayed.”

Additional Solicitor General KM Nataraj, representing the Centre, will file an affidavit to clarify the situation. The Centre had earlier justified the August 2023 letter, stating it was meant to prevent confusion and litigation while the final gazette notification was being prepared. The letter had instructed authorities not to act against any entity violating Rule 170.

The Supreme Court had previously questioned the Centre about the August 29, 2023, letter and directed the ministry to withdraw it immediately. The Court is currently hearing a 2022 plea from the Indian Medical Association, which accuses Patanjali and yoga guru Ramdev of undermining the Covid vaccination drive and modern medicine systems through misleading campaigns.

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