Supreme Court stays Ayush Ministry's notification on misleading ads

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Synopsis

Additional Solicitor General KM Nataraj, appearing for the Centre has submitted that he will file an affidavit clarifying the position

A division bench of the Supreme Court has today 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.

Top Court had in May directed 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.

Today, a bench of Justices Hima Kohli and Sandeep Mehta observed that the impugned notification was in the teeth of its May 7, 2024 order.

Centre had earlier 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.

Court had then asked the Centre to withdraw this letter forthwith. 

This issue was taken up by court while hearing contempt petition filed by Indian Medical Association against Patanjali, its Managing Director Acharya Balkrishna and co-founder Baba Ramdev over the continuous publication of misleading advertisements in contravention of court's orders.

Indian Medical Association (IMA) had filed the instant plea alleging a smear campaign by Ramdev Baba and his company against the COVID-19 vaccination and modern medicine.