Supreme Court: The Division Bench of Hima Kohli and Sandeep Mehta, JJ. while dealing with the issue of misleading ads, struck down and quashed the Ministry of Ayush’s notification whereby the Drugs Rules, 1945 were further amended and Rule 170 which dealt with prohibition of advertisements of ayurvedic, siddha or unani drugs without the approval from the licencing authority, was omitted.
Justice Kohli remarked that, “this omission of Rule 170 done by the Union on 01-7-2024 flies in the face of this Court’s order passed on May 7. And we are not ready to accept it at all.”
On 29-08-2023, the Ministry of Ayush sent a letter to all the States and Union Territories Licensing Authorities and Drug Controllers of AYUSH, directing that action under Rule 170 shall not be initiated or taken by them against misleading advertisements in view of Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board’s (ASUDTAB) recommendation to omit the said Rule.
On 07-05-2024, the Union submitted before the Court that the said letter would be withdrawn “forthwith”. The Union submitted that the said letter was withdrawn by them. However, the Bench said that the letter may has been withdrawn, but the Rule stands omitted and that the intention was to ensure that Rule 170 stays, but the State has omitted the same. The Court said that this omission of Rule 170 ran contrary to the Court’s directions. Till further orders, the effect of the notification dated 01-07-2024 omitting Rule 170 was stayed by the Court.
Source: Press
