Misleading Ads Case: Supreme Court Rebukes AYUSH Ministry, Restores Key Drug Licensing Provision

The Supreme Court on Tuesday came down heavily on the AYUSH ministry when it was informed that the ministry, via a notification issued on July 1 this year, has omitted Rule 170 from the Drugs and Cosmetics Rules of 1945.

Rule 170 prohibits the promotion of AYUSH drugs without state licensing authorities' approval.

"The notification flies in the face of the top court's order,"  the court said. It said that the rule shall remain in operation until further orders and directed the ministry to provide an explanation for the omission of the rule governing the licensing of AYUSH drugs.

In addition, the top court seemed annoyed at the apology published by the president of the Indian Medical Association, RV Asokan, for his remarks made against the court in the misleading ads case.

While going through digital copies of the newspapers where the apology has been published, the court said that the font is so minuscule that it cannot even be read properly.

As a result, the court directed the counsel representing Asokan to file physical copies of the 20 editions of 'The Hindu' where the apology has been published.

In April, Asokan, in an interview with PTI, remarked that it was "unfortunate" that the top court was criticising the IMA, as well as some of the practices of private doctors.

His comments came after the court had called out the IMA, saying that the association should put its house in order because there have been several complaints against it for unethical practices.

This apex court took a strong exception to his comments and directed him to issue a public apology. As per the court's direction, Asokan, in an interview with PTI in July, apologised for his remarks. The top court was informed that his unconditional apology was published in the association's monthly publication, on the IMA's website, and also by PTI.

In the last hearing, the court said that Asokan cannot absolve himself by simply publishing his apology in PTI. "You will have to publish the apology in all those newspapers in which that interview was published," the court said while referring to his interview from April.

The case began in November last year, when the apex court issued a stern warning to Ramdev and his multinational conglomerate for downplaying the effects of modern medicine.

Some of Patanjali's commercials claimed its medicines could cure a number of illnesses while simultaneously disparaging modern medicine.

The court had said that it would issue a hefty penalty for all those misleading advertisements that promise to cure diseases such as asthma, obesity, and the like.

At the time, Patanjali told the court that it would make sure that going forward, no casual statements claiming medicinal efficacy against any system of medicine would be released to the media in any form.

However, a day after the court's stern remarks, Patanjali came out with a media statement saying that it was not making any "false advertisements or propaganda" regarding its products and that it would not object if the top court were to impose a fine or "even give us a death sentence" if found making misleading claims.

This prompted the apex court to come down on Baba Ramdev and his conglomerate with all guns blazing for openly flouting court orders.

The entire fiasco has also led the court to reprimand the Union government and various other authorities for their inaction on the wider issue of misleading advertisements for drugs and medicines.