The Central government has presented its defense before the Supreme Court regarding a recent letter instructing State and Union Territory (UT) licensing authorities not to take action against advertisements related to Ayurvedic and Ayush products. This move is in connection with a contempt case against Patanjali Ayurveda over alleged misleading advertisements.
The controversy revolves around Rule 170 of the Drugs and Cosmetic Rules, 1945, which prohibits the advertising of Ayurvedic, Siddha, or Unani drugs without approval from licensing authorities. The Central government’s letter, issued on August 29, 2023, has sparked debates as it seems to circumvent this rule.
According to an affidavit filed by the Joint Secretary of the Ayush Ministry, the letter was issued based on a recommendation by the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB) on May 25, 2023. The ASUDTAB suggested that Rule 170 should be omitted.
The Union, in its defense, stated that the letter was issued because the process of final gazette notification to omit the provision would take considerable time. The Ministry of Ayush directed all State and UT Licensing Authorities not to take any action under Rule 170 to avoid confusion and unnecessary legal disputes until the final notification is completed.
Responding to the Supreme Court’s query on the rationale behind omitting Rule 170, the Additional Solicitor General, KM Nataraj, submitted that further clarifications would be provided after consulting relevant authorities.
The Union’s affidavit highlighted various proceedings in different High Courts where Rule 170 has been challenged, and interim relief has been granted. The ASUDTAB’s recommendation in its meeting on May 25, 2023, aligned with directions from the Delhi High Court to reconsider Rule 170, leading to the recommendation for its final omission.
This development underscores the ongoing legal and regulatory challenges surrounding the advertising and promotion of Ayurvedic and Ayush products, and it sets the stage for further deliberations in the ongoing legal proceedings.