The Supreme Court on Tuesday issued a stay on a notification from the Ministry of Ayush that sought to omit a rule prohibiting misleading advertisements related to Ayurvedic, Siddha, and Unani drugs. The apex court found the notification to be in direct conflict with a previous order it had issued. This stay will remain in place until further orders from the court.

In an affidavit, the Central government explained that the process of issuing the final gazette notification would take additional time. To prevent confusion among State/UT State Licensing Authorities (SLAs) and to avoid unnecessary litigation, the Ministry of Ayush had sent a letter on August 29, 2023. This letter directed all state and UT licensing authorities to refrain from taking any action under Rule 170 of the Drugs and Cosmetics Rules, 1945, pending the issuance of the final notification. The Centre argued that this interim measure was necessary to maintain consistency and clarity in the regulatory environment.

However, the Supreme Court criticised this approach, emphasising that instead of merely withdrawing the August 29, 2023, letter, the Ministry had issued a notification on July 1, 2023, to omit Rule 170 altogether. The court expressed its disapproval, stating, “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.” The Supreme Court’s order effectively halts the omission of Rule 170, which prohibits misleading advertisements for certain traditional medicines.

This legal development is part of a broader review by the Supreme Court of a 2022 petition filed by the Indian Medical Association (IMA). The petition alleges that Patanjali, a prominent Ayurvedic products company, and its founder, yoga guru Ramdev, have been engaged in a campaign to discredit the Covid vaccination drive and modern medical practices. The IMA contends that such actions undermine public trust in established healthcare systems and could pose significant risks to public health.

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