Sajid Raina
New Delhi, Feb 10: The Supreme Court has taken a strong note of non-compliance of orders on misleading medical advertisements by the governments of J&K, Delhi, and Andhra Pradesh.
A bench of Justices Abhay S Oka and Ujjal Bhuyan observed that these States and UTs had not implemented previous orders regarding Rule 170 of the Drugs and Cosmetics Rules, 1945.
The Apex Court, instructed the governments of Andhra Pradesh, Delhi, Goa, Gujarat, and Jammu & Kashmir to submit affidavits on enforcement of Rule 170 by the end of this month.
The court had earlier directed all states and union territories on May 7, 2024, to submit affidavits on action taken since 2018 against misleading advertisements violating multiple laws, including the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
During the hearing, Senior Advocate Shadan Farasat (Amicus Curiae) referred to an August 27, 2024, Supreme Court order staying a Central notification that omitted Rule 170, which prohibits advertisements of Ayurvedic, Siddha, or Unani drugs without licensing approval.
The Supreme Court had previously sought an explanation from the Centre on an AYUSH Ministry letter from August 29, 2023, advising states not to enforce Rule 170. The Centre later issued a notification on July 1, 2024, omitting the rule, which the court stayed.
The Amicus argued that enforcing Rule 170 would address misleading advertisements. The court noted that proper implementation of the rule could resolve the issue.
The case originated from a petition by the Indian Medical Association (IMA) against misleading advertisements by Patanjali Ayurved Ltd.
