The Central Government has written to the State/UT Licensing Authorities asking them not to take action against advertisements related to Ayurvedic and Ayush products under Section 170 of the Drugs and Cosmetics Rules, 1945 (‘1945 Rules’). Defended before the Supreme Court. The development came in a contempt suit against Patanjali Ayurveda over misleading advertisements.
According to the affidavit filed by the Joint Secretary, Ministry of Ayush, the letter was written by Ayurveda Siddha Unani Drug Technical Advisory Board (ASUDTAB) on May 25, 2023, Rule 170 reads as follows: It was issued in view of the recommendation that omission.
Incidentally, Rule 170 of the 1945 Rules prohibits advertising of Ayurvedic, Siddha or Unani medicines without approval of the licensing authority. The letter in question was issued by the Center on August 29, 2023.
The Center said it issued the letter because a final notification omitting this provision would take time.
“We respectfully submit that the final gazette notification process will take more time to avoid confusion between various State/UT SLAs and prevent inevitable litigation. Ministry of Ayush please refer to letter no. T-13011/1/2022-DCC-Part (2) dated 29th August 2023 prohibiting any action under Regulation 170 of the Drugs and Cosmetics Rules, 1945 as the final notification is in process. Directed all State/UT licensing authorities not to take any action.” the union said in an affidavit.
The court previously asked the union to answer “what it weighed” in its decision to omit Rule 170. Accordingly, the Additional Attorney-General:KM Nataraj submitted that he has accepted the instructions in this regard and intends to clarify them.
The union, in its affidavit, cited several cases in various high courts where the rule was challenged and interim relief was granted.
“16. In its previous meeting held on 25th May, 2023, ASUDTAB recommended to proceed with the final notification in accordance with the aforesaid directions of the Delhi High Court to reconsider the issue of Section 170 of the Drugs and Cosmetics Rules, 1945. I respectfully submit this. For omissions in Rule 170 and related forms contained in the D&C Rules, 1945.”
Case Title: Indian Medical Association v. Union of India | WP(C) No.645/2022
