Supreme Court Stays Central Govt Decision To Omit Misleading Ads Rule

New Delhi: In a setback for the Central government, Supreme Court stayed the AYUSH ministry’s notification to omit Rule 170 of the Drugs and Cosmetics Rules, which was aimed to tackle misleading advertisements of Ayurvedic, Siddha and Unani medicines.

A bench of Justices Hima Kohli and Sandeep Mehta on Tuesday said that the AYUSH ministry’s July 1 notification, which omitted Rule 170, was “in the face of order” passed by the court on May 7 in the Patanjali misleading advertisement case.

The court observed that instead of withdrawing the August 2023 letter — which was sent to drug licensing authorities across India notifying them that Rule 170 was no longer operational on the basis of a recommendation made by Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB) to omit it — the ministry released another notification in July omitting the rule.

Senior advocate Shadan Farasat, who appeared as amicus curiae, told the SC bench that AYUSH ministry had not withdrawn the letter despite the submissions.

“How can you take this decision of omitting this rule in the teeth of the court’s order?” Justice Kohli asked Additional Solicitor General KM Natraj, the Centre’s counsel.

“Till further orders, the effect of the notification dated 1 July 2024 omitting Rule 170 shall stand stayed. In other words, till further orders are passed, Rule 170 shall remain in the statute book,” the top court ruled.

The matter will next be heard on October 15.

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