New Delhi: The Supreme Court on Monday directed the Andhra Pradesh, Delhi and Jammu and Kashmir governments 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 directed the Chief Secretaries of the aforesaid three states to be present at the next hearing in the matter through video conferencing (VC).
A bench of justices, Abhay S Oka and Ujjal Bhuyan, found that the governments of the aforesaid states have hardly complied with its earlier order in this regard.
"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 apex court noted that it had stayed a July 2024 notification issued by the Union AYUSH Ministry which had omitted Rule 170.
Rule 170 requires that manufacturers of Ayurveda, Siddha or Unani drugs seek prior licensing permission before publishing advertisements.
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Thus, it directed the aforesaid three states, along with that of Gujarat and Goa, to file their affidavits in respect of enforcement of Rule 170 by March 7 this year.
The counsels representing the state governments of Goa and Gujarat informed the court that they have submitted further affidavits in this regard. Thus, the Supreme Court stated that it would pass directions in respect of seeking the presence of the Chief Secretaries of these two states after reviewing their affidavits.
The apex court will hear the matter regarding compliance of other states, in this regard, on February 28.
