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NEW DELHI – In a significant development, the Supreme Court has disposed of the Indian Medical Association’s (IMA) plea concerning misleading medical advertisements and has vacated its earlier stay on a rule that required pre-approval for advertisements of Ayurvedic, Siddha, and Unani drugs.
A bench of Justices BV Nagarathna and KV Viswanathan observed that the reliefs sought by the IMA had already been addressed and that continuing the petition would serve no purpose. The court noted that it cannot legislate or revive a provision that has been deleted from the law.
The decision comes after the AYUSH Ministry notified the omission of Rule 170 of the Drugs and Cosmetics Rules, 1945, on July 1, 2024. The Supreme Court had previously stayed this omission in August 2024, an interim order that has now been vacated.
The court’s ruling grants liberty to all parties involved to seek further legal recourse if they have any grievances regarding the omission of Rule 170. It also highlighted that earlier court directives, including one from March 26, 2025, had already instructed state governments to enforce the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954, and to establish a grievance redressal mechanism.
The case originated from the IMA’s plea against Patanjali Ayurveda, which alleged misleading advertisements and the disparagement of modern medicine. The case subsequently expanded to address the broader issue of misleading advertisements and unethical practices in the healthcare sector.
Disclaimer: This article is for informational purposes only and does not constitute medical or legal advice. Readers are advised to consult with qualified professionals for any health or legal concerns.
Reference: Supreme Court Disposes Of IMA Plea, Lifts Stay On AYUSH Ad Pre-Approval Rule
