'Flies In Face Of Our Order': Supreme Court Stays Centre's Notification On Ayurvedic, Siddha, or Unani Ads

The top court pulled up Ministry of Ayush for the July 1 notification which the court found was "teeth of its orders."

Rule 170 of the Drugs and Cosmetics Rules, prohibits of advertisements of Ayurvedic, Siddha, or Unani products without licensing authorities' approval.

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The Supreme Court on Tuesday stayed a notification by the Centre dated July 1, 2024, whereby Rule 170 of the Drugs and Cosmetics Rules, 1945 was omitted. The top court pulled up Ministry of Ayush for the July 1 notification which the court found was "teeth of its orders." Rule 170 of the Drugs and Cosmetics Rules, prohibits of advertisements of Ayurvedic, Siddha, or Unani products without licensing authorities' approval.

The issue came up in court while the bench was hearing the misleading adveritsements case against Baba Ramdev and Patanjali. The court took note of the Ministry Of Ayush's letter to Licensing Authorities and Drug Controllers of AYUSH in States and UTs, which directed that no action should be taken under Rule 170 as the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB) has recommended to omit the provision. 

The Supreme Court while hearing the contempt case againt Ramdev and Patanjali, sought an explanation from the Centre regarding the letter in question. On May 7, the Centre submitted in the top court that it will forthwith withdraw the letter in question.

The court observed that instead of withdrawing the letter, the Centre issued a notification to omit Rule 170 and then also went on to file an affidavit in the court stating that it was was done in compliance of the Supreme Court order.

On August 29, 2023, the Ministry of Ayush sent a letter to all State/UT Licensing Authorities and Drug Controllers of AYUSH, directing that action under Rule 170 not be initiated/taken by them in view of a recommendation of the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB) to omit the provision. The final notification towards omission of the Rule remained to be published at the time.

A bench of Justices Hima Kohli and Sandeep Mehta passed the order staying the notification and observed that the said notification flies in face of its May 7 order.

The court passed the order after going through the affidavit filed by the Ministry of Ayush, where it was stated that by the July 1 notification, the rule 170 stands omitted from the Drugs (Fourth Amendment) Rules 2024.

The court observed that that instead of withdrawing the letter dated August 29, 2023, a notification dated July 1, 2024 has been issued to omit Rule 170 from the Drugs Rules which runs contrary to the very directions to the top court.