Misleading ads: SC summons Delhi, Andhra Pradesh and J&K chief secretaries

The Supreme Court on Monday summoned chief secretaries of Delhi, Andhra Pradesh and J&K over their alleged failure to act against illegal advertisements of Ayurvedic, Siddha and Unani drugs.

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Noting that there was hardly any implementation of its orders, a Bench led by Justice Abhay S Oka directed the chief secretaries to appear in court through video-conferencing to explain why these states did not comply with its order.

Amicus curiae Shadan Farasat submitted that most of the states accepted an apology and took undertakings while acquitting violators.

“As rightly submitted by the amicus curiae, the issue of illegal advertisements of Ayurvedic, Siddha or Unani drugs will be substantially taken care of, if all the states start implementing Rule 170 of the Drugs and Cosmetics Rules, 1945 in its true letter and spirit. Notwithstanding several orders passed by this court, the states are non-compliant,” said the bench.

The Bench directed Andhra Pradesh, Delhi, Goa, Gujarat and Jammu and Kashmir to file affidavits, including the response on the enforcement of Rule 170.

“We grant time till the end of this month to these states to file responses,” it said and posted the matter for further hearing on March 7.

The top court on August 27 last year 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.

The court said the notification issued by the ministry was “in the teeth” of its May 7, 2024, order.

The Bench was 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.

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

The Centre defended its August 2023 letter to states and union territories asking authorities not to initiate action against any entity for violating Rule 170.