New Delhi: The Union government on Monday defended its August 2023 directive to states and Union territories regarding Rule 170 of the Drugs and Cosmetics Rules. The rule pertains to the prevention of misleading advertisements for Ayurvedic, Siddha or Unani drugs.
In response to a contempt case against yoga guru Ramdev and Patanjali’s managing director Balkrishna, the Union government in its affidavit, asserted that the August 2023 communication aimed to prevent confusion and unnecessary legal battles.
The case pertains to the Indian Medical Association’s (IMA’s) petition against Ramdev’s controversial statements about modern medicine, including India’s Covid-19 vaccination drive and alleged misleading advertisements about Patanjali Ayurved products.
“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 29.08.2023 directed all state/UTs licensing authorities not to take any action under Rule 170 of the Drugs & Cosmetics Rules, 1945 as the final notification is under process,” the affidavit, submitted a day ahead of the hearing in the Supreme Court, read.
The government referred to multiple petitions against Rule 170 in high courts across Delhi, Bombay and Kerala and reiterated its stance to eliminate the provision, suggesting that actions for misleading advertisements could be addressed under the Drugs and Magic Remedies Act.
Also read: Patanjali Case: After SC Questions Size of Apology, Ramdev Issues New One in Papers
A bench comprising justices Hima Kohli and Ahsanuddin Amanullah is scheduled to discuss the regulatory framework on Tuesday, the Hindustan Times reported.
While the government couldn’t take action against the misleading ads of various firms, including Patanjali, under the impugned provision, it could have acted against the erring firms under Drug and Magic Remedies Act (Objectionable Advertisements),1954. This Act prohibits the misleading advertisements of products which claim to have magical properties to cure a certain disease.
Background of Rule 170
The Ayush ministry, after consultations with its advisory board, had inserted Rule 170 in the Drugs and Cosmetics Rules in 2018 after a parliamentary committee on health had pulled up the ministry on the frequency of misleading advertisements for Ayush products.
The provision aimed to prevent the advertisement of Ayurvedic, Siddha, and Unani drugs without clearance from the relevant licensing authority of the state.
However, in less than a month after the new rule was gazetted, several manufacturers went to court against the rule and in January 2019 the Delhi high court stayed its operation, Times of India reported.
In 2022, the advisory board recommended the provision’s omission.
