New Delhi: On Tuesday, the Supreme Court intervened to halt the implementation of a government order dated July 1, which lifted restrictions on the advertisement of Ayurveda, Siddha, or Unani drugs without prior licensing approval. This rule was called Rule 170, incorporated in the Drugs and Cosmetics Rules of 1945, and aimed at avoiding misleading claims concerning matters affecting public health.
A bench comprising Justice Hima Kohli, the apex court, made it clear that it strongly disapproves the Centre’s action of doing away with this regulation as it goes against previous orders of this court to further legal measures against deceptive advertisements. Both Justice Kohil and Justice Sandeep Mehta opined that by the notification issued on the 1st of July, it appeared as though the executive was not seriously concerned with the protection of the health of the population and with the implementation of the court decisions aimed at establishing necessary standards.
The court intervened after it received a petition from the Indian Medical Association (IMA) against some advertisements by Patanjali Ayurved. These ads have been said to contradict several laws and associated rules regarding the authenticity of claims relating to health and medicinal products. The petition also noted that potential without Rule 170 the gap in managing untruthful or exaggerated statements from the manufacturers would be massive.
The Supreme Court ordered the Centre to file an affidavit explaining its action to issue the notification on July 1. In other words, the court made the order that until further order, Rule 170 is restored, the court recently abolished. This means that the manufacturers of Ayush drugs will continue to have to first obtain a unique identification number from the state licensing authorities for putting out advertisements regarding products. The rule also contains clauses allowing the licence to be suspended or withdrawn from anyone who publishes advertisements with obscene elements or celebrity endorsements.
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