GUWAHATI: The central government has agreed to withdraw a letter issued by the Ministry of Ayush that directed state and union territory licensing authorities not to take action against advertisements related to Ayurvedic and Ayush products under Rule 170 of the Drugs and Cosmetic Rules, 1945. This decision came after the Supreme Court expressed strong disapproval of the Ministry's directive, which appeared to undermine existing law.
The Supreme Court bench of Justices Hima Kohli and Ahsanuddin Amanullah, hearing a contempt case against Patanjali over the publication of misleading advertisements, was concerned about the Ministry's directive, which was issued based on a recommendation from the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB). The recommendation suggested omitting Rule 170, but the final decision had not yet been made.
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Rule 170 prohibits advertisements of Ayurvedic, Siddha, or Unani drugs without the approval of licensing authorities. The Ministry's letter, issued on August 29, 2023, instructed State and UT Licensing Authorities and Drug Controllers of AYUSH not to take action under Rule 170 due to ASUDTAB's recommendation. However, the court noted that such a directive contradicted the existing legal framework.
Kohli and Amanullah questioned the central government's reasoning behind the directive. The judges emphasised that the ministry's letter could not be justified without a final decision on the omission of Rule 170. Kohli remarked, "Why would you jump the gun? How can the government say that only on recommendation I will direct that? Without taking the decision, why would you say that do not implement the law?"
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During the hearing, Additional Solicitor General (ASG) KM Nataraj pointed out that at least 8-9 writ petitions challenging Rule 170 were pending in various High Courts. However, the bench noted that no judgement had been delivered in those cases, indicating that the matter was still under judicial review.
The bench's strong observations prompted the ASG to assure the Court that the letter would be withdrawn "forthwith." The Court also directed the Union to expedite the final notification process regarding the proposed omission of Rule 170, which had been sent to the Ministry of Law and Justice, with public objections sought within 30 days in February 2024.
