New Delhi, Feb 10 (UNI) The Supreme Court on Monday directed the Chief Secretaries of Andhra Pradesh, Delhi, and Jammu & Kashmir to appear virtually on March 7 to explain their non-compliance with previous court directions concerning misleading medical advertisements.
A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan expressed dissatisfaction over the lack of enforcement of Rule 170 of the Drugs and Cosmetics Rules, 1945.
The rule prohibits advertisements of Ayurvedic, Siddha, and Unani drugs without prior approval from licensing authorities. “Our experience is that summoning Chief Secretaries is the most effective way to ensure compliance,” Justice Oka remarked during the hearing.
The Court found that despite several orders, the states remained non-compliant. It granted these states until the end of February to file affidavits detailing their enforcement actions. “If compliance is not ensured, further action may be taken,” the bench warned.
Senior Advocate Shadan Farasat, serving as Amicus Curiae, emphasized that full implementation of Rule 170 would effectively address the problem of misleading advertisements. The bench concurred, recording in its order that adherence to the rule in “true letter and spirit” was essential.
The case originated from a petition filed by the Indian Medical Association (IMA) against misleading advertisements by Patanjali Ayurved Ltd. Over time, the case evolved to include contempt proceedings against Patanjali’s co-founder Baba Ramdev, its MD Acharya Balkrishna, and IMA President Dr RV Asokan for alleged violations of court undertakings and critical remarks.
The Apex Court had previously stayed the Centre’s July 2024 notification omitting Rule 170, asserting that it would remain on the statute book until further orders.
The Court stressed that public figures endorsing products must exercise due diligence and comply with advertising regulations.
