SC Disposes of IMA Plea Challenging Rule 170 of Drugs and Cosmetics Rules
New Delhi: The Supreme Court has disposed of the Indian Medical Association’s petition challenging the deletion of Rule 170 under the Drugs and Cosmetics Rules, 1945, which mandated prior approval from licensing authorities for advertisements of Ayurvedic, Siddha, or Unani medicines. The Court vacated its interim stay, allowing the omission of the rule to take effect.
Bench Observes Reliefs Sought Have Been Achieved
A bench of Justices BV Nagarathna and KV Viswanathan noted that since the relief sought by the petitioners was granted through previous orders, no further adjudication was necessary. The writ petition stands disposed of, with liberty reserved to approach courts for grievances concerning the omission of Rule 170.
Background on Rule 170 and Its Controversy
Rule 170 was introduced to prevent exaggerated claims in traditional medicine ads by requiring state licensing authority approval before publication. In August 2024, the Supreme Court had stayed the deletion of this rule, keeping the pre-approval requirement in force during ongoing litigation. The AYUSH Ministry officially deleted the rule on July 1, 2024.
Arguments Presented During the Hearing
Amicus Curiae Shadan Farasat highlighted continued enforcement by states despite the rule’s deletion. Justice Viswanathan questioned the legality of enforcing a deleted rule. Solicitor General Tushar Mehta argued that existing statutory and self-regulatory frameworks already address misleading advertisements, making Rule 170 redundant. The bench agreed that banning ads while allowing product manufacture could amount to unfair trade practice.
Supreme Court’s Directions to States on Misleading Advertisements
Previously, on March 26, 2025, the Court directed states to implement the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954, and set deadlines for grievance redressal mechanisms. It urged swift action to protect the public from deceptive advertisements and ordered sensitisation of police and creation of complaint tracking dashboards.
Case Origin and Wider Implications
The IMA had filed the plea against Patanjali Ayurveda’s advertisements disparaging modern medicine. The Court had earlier imposed bans, initiated contempt proceedings, and then closed them after apologies. The case broadened to address misleading ads in both traditional and modern medicine sectors.
