SRINAGAR: The Supreme Court has strongly criticized the non-compliance of its directives on misleading medical advertisements, directing the governments of Jammu & Kashmir, Delhi, Andhra Pradesh, Goa, and Gujarat to submit affidavits regarding enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945 by the end of this month.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan observed that several states and union territories had failed to act on previous orders issued to curb misleading medical promotions.
The Apex Court had earlier, on May 7, 2024, ordered all states and UTs to submit affidavits detailing actions taken since 2018 against deceptive medical advertisements violating multiple laws, including the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
During the hearing, Senior Advocate Shadan Farasat (Amicus Curiae) cited the Supreme Court’s August 27, 2024, order, which stayed a Central government notification that removed Rule 170, a regulation that bans advertisements of Ayurvedic, Siddha, and Unani drugs without proper licensing.
The Supreme Court had earlier questioned the Centre’s August 29, 2023, letter, in which the AYUSH Ministry advised states not to enforce Rule 170. The government later issued a July 1, 2024, notification officially omitting the rule, but the Apex Court stayed its removal.
The Amicus Curiae argued that enforcing Rule 170 could effectively curb misleading advertisements, and the court emphasized that proper implementation would resolve the issue.
The case originates from a petition filed by the Indian Medical Association (IMA) against misleading advertisements by Patanjali Ayurved Ltd. (KNO)
