SC stays Ayush Ministry’s notification on drug rules over misleading ads

New Delhi, August 27

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The Supreme Court on Tuesday stayed a Ministry of Ayush notification omitting Rule 170 of the Drugs and Cosmetics Rules, 1945, that prohibits misleading advertisements of Ayurvedic, Siddha, and Unani drugs.

A Bench led by Justice Hima Kohli said the notification went against its May 7 order which mandated 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, the notification dated omitting shall stand stayed,” the Bench said.

Additional Solicitor General KM Nataraj said the Centre will file an affidavit clarifying its position. Earlier, the Centre had 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.

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.

Apex court refuses to accept IMA chief’s apology

The Supreme Court on Tuesday refused to accept the unconditional apology published by Indian Medical Association (IMA) chief RV Asokan in a newspaper over his “damaging” comments about the apex court in an interview to news agency PTI, saying the excerpt of the apology filed before it was “illegible” as the font was “minuscule”.

Asokan had made the remarks while answering queries about Patanjali Ayurved Ltd’s misleading advertisements case which was published in various publications. A Bench of Justices Hima Kohli and Sandeep Mehta directed senior advocate PS Patwalia, appearing for Asokan, to file physical copies of 20 editions of The Hindu newspaper, where his apology was published, within one week.

“We will not budge until we see advertisements in physical form, show us the actual size. No arguments till we see the advertisements...The excerpt of the apology filed before us is illegible in as much as the font is minuscule. Counsel for IMA president is directed to file physical copies of 20 publications of The Hindu where the publication of apology has been done within one week,” the Bench said. (With PTI inputs)