Supreme Court Stays Ayush Ministry's Notification on Drug Rules

Supreme Court Stays Ayush Ministry's Notification on Drug Rules

Supreme Court Intervenes in Ayush Ministry's Drug Rule Changes:

The Supreme Court of India has intervened in a significant legal matter involving the Ministry of Ayush's recent notification that omitted Rule 170 of the Drugs and Cosmetics Rules, 1945. This rule played a key role in banning misleading advertisements for Ayurvedic, Siddha, and Unani medicines. The court's decision to stay this notification underscores the importance of maintaining stringent regulations to protect consumers from deceptive claims in the health and wellness sector.

Key Points of the Supreme Court's Ruling:

  • Stay on Notification:
    • The Supreme Court, in its ruling, stayed the notification issued by the Ministry of Ayush, which sought to omit Rule 170. The court pointed out that this notification directly contradicted its earlier order dated May 7, 2024.
  • Previous Court Order:
    • On May 7, 2024, the Supreme Court had issued a directive mandating that advertisers obtain a self-declaration, similar to the Cable Television Networks Rules, 1994, before releasing advertisements for Ayurvedic, Siddha, and Unani drugs. This was aimed at preventing the dissemination of misleading information to the public.
  • Ministry's Notification Challenged:
    • Despite the court's clear instructions, the Ministry of Ayush issued a notification on July 1, 2024, omitting Rule 170. This move was viewed by the court as a violation of its previous order, prompting the stay.
  • Government's Defense:
    • Additional Solicitor General K M Nataraj, representing the Centre, argued that the ministry's August 2023 letter to states and Union territories was intended to prevent confusion and avoid unnecessary litigation while the final notification process was ongoing. However, the Supreme Court remained firm in its decision to stay the notification.

Legal and Consumer Implications:

  • Protecting Consumers:
    • Rule 170 of the Drugs and Cosmetics Rules, 1945, played a vital role in safeguarding consumers from misleading claims about the efficacy and safety of Ayurvedic, Siddha, and Unani drugs. The court's intervention ensures that this protection remains in place until a final resolution is reached.
  • Ongoing Legal Battle:
    • The Supreme Court's stay is part of a broader legal battle, including a plea filed by the Indian Medical Association in 2022. The plea claimed that certain entities, including Patanjali and yoga guru Ramdev, were engaged in a smear campaign against modern medicine and the COVID-19 vaccination effort.

Conclusion:

The Supreme Court's decision to stay the Ayush Ministry's notification is a crucial step in upholding consumer rights and ensuring that advertisements for traditional medicine products are truthful and not misleading. This ruling reinforces the judiciary's role in protecting public health and maintaining trust in the regulatory framework governing the health and wellness industry in India.