Supreme Court Denounces AYUSH Advertising Neglect by States

The Supreme Court has reprimanded Andhra Pradesh, Delhi, and Jammu and Kashmir for failing to enforce AYUSH medicine advertising regulations. It ordered these states to explain their non-compliance and demanded the presence of their Chief Secretaries at the next hearing via video conferencing, while addressing affidavits from Goa and Gujarat.

On Monday, the Supreme Court ordered the states of Andhra Pradesh, Delhi, and Jammu and Kashmir to explain their lack of enforcement regarding Rule 170 of the Drugs and Cosmetics Rules, 1945. This rule governs the advertising of Ayurvedic, Siddha, and Unani (AYUSH) medicines. Furthermore, the court has requested the Chief Secretaries of these states to attend the next hearing via video conferencing.

A bench consisting of Justices Abhay S Oka and Ujjal Bhuyan expressed dissatisfaction with the states' compliance. They observed that Andhra Pradesh, Delhi, and Jammu and Kashmir have minimally followed the court's previous directives. The compliance of Goa and Gujarat was not examined at this time, as additional affidavits have been filed by these states, according to court information.

The Supreme Court pointed out a stay was placed on a July 2024 notification from the Union AYUSH Ministry that removed Rule 170. This rule mandates that manufacturers of Ayurveda, Siddha, or Unani drugs acquire a license before advertising their products. The court ordered the involved states, including Goa and Gujarat, to submit affidavits regarding the enforcement of Rule 170 by March 7.

The court will proceed to give directions about seeking the attendance of the Chief Secretaries of Goa and Gujarat upon examining the submitted affidavits. In addition, the court has set February 28 as the date for reviewing the compliance of other states concerning this issue.

(With inputs from agencies.)