The Supreme Court on Tuesday disposed of the Indian Medical Association’s (IMA) petition against misleading advertisements allegedly undermining allopathic medicine, noting that the reliefs sought had already been addressed through earlier orders.
A Bench of Justice BV Nagarathna and Justice KV Viswanathan said there was no need for further adjudication. “All the reliefs sought in the prayers have already been achieved. We should close this now,” Justice Nagarathna remarked.
The matter concerned Rule 170 of the Drugs and Cosmetics Rules, 1945, which mandated prior approval for advertisements of Ayurvedic, Siddha, and Unani medicines.
The AYUSH Ministry omitted the provision through a notification dated July 1, 2024. The Court had stayed the omission on August 27, 2024, but on Tuesday vacated the stay while allowing parties to approach High Courts on the issue.
Amicus Curiae Shadan Farasat urged that the status quo be maintained to prevent possible misuse of advertising by Ayurvedic manufacturers. Justice Nagarathna, however, said the Court could not reinstate a deleted rule, while Justice Viswanathan observed that an outright advertising ban could be challenged as an unfair trade practice.
The Bench acknowledged concerns that misleading claims could delay proper treatment for serious ailments, but Solicitor General Tushar Mehta pointed out that statutory safeguards already exist. Senior Advocate Kapil Sibal, appearing for digital platforms, clarified that they should not be held liable for third-party content.
The petition had drawn national attention amid the IMA’s clash with Patanjali Ayurved over product claims. In related contempt proceedings, the Court had earlier accepted unconditional apologies from Baba Ramdev and Patanjali MD Acharya Balakrishna.
Rule 170, introduced in 2018, required manufacturers of Ayurvedic, Siddha, and Unani medicines to obtain prior approval from state licensing authorities before publishing advertisements.
It aimed to prevent exaggerated or false claims, particularly those suggesting cures for serious diseases, and served as a consumer protection measure in the AYUSH sector.