GUWAHATI: The central government has directed the licensing authorities of states and union territories not to take action against advertisements related to Ayurveda and Ayush products under Section 170 of the Drugs and Cosmetics Rules, 1945, Ministry of Ayush Agreed to withdraw the published letter. The ruling came after the Supreme Court expressed strong disapproval of the ministry’s directive, which appears to undermine current law.
Supreme Court Justices Hima Kohli and Asanuddin Amanullah are hearing contempt charges against Patanjali for publishing misleading advertisements, and the order was issued on the basis of a recommendation from the Ayurveda Siddha Unani Drug Technical Advisory Council. expressed concern about the ministry’s directive. Board (ASUDTAB). The recommendation suggested omitting Rule 170, but a final decision had not yet been made.
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Rule 170 prohibits advertising of Ayurvedic, Siddha or Unani drugs without the approval of the licensing authority. The ministry’s letter, issued on August 29, 2023, directed the licensing authorities of states and UTs and drug controllers of AYUSH not to take action under Rule 170 on account of the recommendations of ASUDTAB. However, the court noted that such a directive would be inconsistent with the existing legal framework.
Kohli and Amanullah questioned the central government’s rationale behind the directive. The judges emphasized that without a final decision regarding the omission of Rule 170, the Ministry’s letter could not be justified. Kohli said, “Why are you jumping the gun? How can the government say that I will give instructions only if I recommend it? Once you have decided, how can you say that you will not implement the law?”
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During the hearing, Additional Solicitor General (ASG) KM Nataraj pointed out that at least eight to nine writ petitions challenging Rule 170 are pending in various high courts. However, the court noted that no decisions have been rendered in these cases, indicating that the matter is still under judicial review.
Following the court’s strong recommendation, ASG assured the court that the letter would be withdrawn “immediately.” The court also directed the union to expedite the final notification process on the proposed abbreviations of Rule 170 sent to the Ministry of Justice and seek public objections within 30 days of February 2024.
