New Delhi [India]: The Supreme Court has directed the governments of Andhra Pradesh, Delhi, and Jammu and Kashmir to explain their failure in enforcing Rule 170 of the Drugs and Cosmetics Rules, 1945, which regulates the advertisement of Ayurvedic, Siddha, and Unani (AYUSH) medicines.
The Court also instructed the Chief Secretaries of these states to be present at the next hearing via video conferencing.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan observed that these states had barely complied with its earlier orders regarding the enforcement of Rule 170.
“As far as the states of Andhra Pradesh, Delhi, and Jammu and Kashmir are concerned, we find that there is hardly any implementation of the orders passed by this court. As far as the states of Goa and Gujarat are concerned, today we are not examining their compliance as we are informed that they have filed further affidavits,” the apex court noted in its order.
The Supreme Court also pointed out that it had previously stayed a July 2024 notification issued by the Union AYUSH Ministry, which had omitted Rule 170. This rule mandates that manufacturers of Ayurveda, Siddha, or Unani drugs obtain prior licensing approval before publishing advertisements.
As a result, the Court directed Andhra Pradesh, Delhi, Jammu and Kashmir, as well as Gujarat and Goa, to file affidavits detailing their enforcement of Rule 170 by March 7.
Legal representatives for Goa and Gujarat informed the Court that they had submitted further affidavits. The Supreme Court stated that it would decide whether to summon the Chief Secretaries of these two states after reviewing their submissions.
The next hearing concerning compliance from other states is scheduled for February 28.