SC stays Ayush Ministry’s notification regarding drugs, cosmetic rules

New Delhi: The Supreme Court on Tuesday stayed a notification issued by the Ministry of Ayush, which omitted rule 170 of the Drugs and Cosmetics Rules, 1945, prohibiting misleading advertisements of Ayurvedic, Siddha and Unani drugs.

A bench of Justices Hima Kohli and Sandeep Mehta said the notification issued by the ministry was in the teeth of its May 7, 2024 order.

Clamping down on misleading advertisements, the Apex court on May 7, 2024, had directed that before an advertisement is permitted to be issued, a self-declaration be obtained from the advertisers on the line of the Cable Television Networks Rules, 1994.

“Instead of withdrawing the letter dated August 29, 2023, for reasons best known to the ministry, the notification dated July 1 to omit Rule 170 of the Drugs and Cosmetics Rules, 1945, has been issued which runs contrary to directions issued by this court... Till further orders, effect of the notification dated omitting shall stand stayed,” the bench said.

Additional Solicitor General KM Nataraj, appearing for the Centre, submitted that he will file an affidavit clarifying the position.

The Centre had earlier defended its August 2023 letter to states and Union territories, asking authorities not to initiate action against any entity for violating rule 170 of the Drugs and Cosmetics Rules.

“It is respectfully submitted that as the process of final gazette notification will take further time, in order to avoid confusion among the various State/UT SLAs (state licensing authorities) and to prevent avoidable litigations, Ministry of Ayush vide letter dated August 29, 2023 directed all state/UTs licensing authorities not to take any action under Rule 170 of the Drugs and Cosmetics Rules, 1945 as the final notification is under process,” the Centre had said in its affidavit.