Thiruvananthapuram: The Supreme Court clarifying the regulations governing advertisements for AYUSH products has led to the Kerala drugs control department intensifying its scrutiny of advertisements for Ayurveda, Siddha, and Unani products The ruling reinstates the enforceability of Rule 170 of the Drugs and Cosmetics Rules, 1945, by overturning a July 1 ministry of AYUSH order which had removed the rule. As a result, AYUSH companies that make misleading or exaggerated claims — such as advertisements for medicated oils or pills promising miraculous cures for knee pain or piles — will face legal repercussions for violating the law. These companies will have to obtain permission before advertising, and any advertisement without permission will invite prosecution. Deputy Drugs Controller (Ayurveda) Dr Jaya V Dev said clarity on the issue will help them enforce the rule.
Introduced in December 2018 based on a recommendation from the parliamentary standing committee, Rule 170 was designed to address misleading advertisements of AYUSH drugs by mandating prior approval from the state licensing authority. However, enforcement was limited because of stay orders from the high courts of Delhi and Mumbai. “The Supreme Court’s decision removes any ambiguity surrounding Rule 170. The previous stay orders from the high courts are no longer valid. It will be effective in curbing exaggerated claims, like people with arthritis of the knee joint attended a Himalayan car rally or climbed the Great Wall of China after taking the medicines,” said Dr Babu K V, a health activist from Kannur, who has been advocating against unethical drug advertisements. “Rule 170 was not enforced nationwide for the past five years, but with the stay on its omission lifted, its enforcement is a positive step. We should not compromise public health for the sake of business,” he added.
