The Supreme Court on Monday dismissed a petition by the Indian Medical Association (IMA) seeking action against misleading advertisements related to traditional systems of medicine. The petition was filed against Patanjali Ayurveda, which was accused of making false claims in its advertisements and defaming the modern system of medicine.
According to Storyboard 18, the Ministry of AYUSH had issued a notification on July 1, repealing Rule 170 of the Drugs and Cosmetics Rules, 1945. Several media reports suggested that this rule mandated companies to take consent at the state level before advertising Ayurvedic, Siddha or Unani medicines, aiming to prevent false and exaggerated claims. After the removal of the rule, the requirement of prior approval was now abolished.
However, in August 2024, the matter came up before a new bench of the Supreme Court, comprising Justices Hema Kohli and Sandeep Mehta. This bench put a temporary stay on the removal of Rule 170, making the prior approval system effective again.
Meanwhile, Justice KV Vishwanathan raised the question that when the Centre has removed the rule, how can the state governments implement it. At the same time, Justice BV Nagarathna suggested that since the main demands of the IMA have already been met, the matter should be closed. He also clarified that the court does not have the right to re-implement any rule removed by the Centre.
