The Supreme Court on Tuesday dismissed the Indian Medical Association's (IMA) petition seeking action against misleading advertisements in traditional medicine. The Court also set aside its earlier order in the matter. The IMA had filed a petition against Patanjali Ayurved, alleging that the company's advertisements disparaged modern medicine and made false claims about Ayurvedic products.
Previously, the top court had imposed a temporary ban on Patanjali's advertisements and initiated contempt proceedings against its promoters, Baba Ramdev and Acharya Balkrishna. A Bench of Justices BV Nagarathna and KV Viswanathan observed that the relief sought by the IMA had already been granted earlier, and therefore, the matter could now be closed.
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Solicitor General Tushar Mehta argued that there is already a statutory and self-regulatory framework to monitor false claims in advertisements, making Rule 170, which earlier required prior state approval for AYUSH advertisements, unnecessary. The Court also clarified that it cannot revive any rule that has already been deleted by the Central government.
The case stemmed from allegations that Patanjali's promotional materials misled the public by claiming their products could cure serious diseases, while also discrediting allopathy. Rule 170 of the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1954, had required that advertisements for AYUSH products obtain state government approval before release. This rule was removed by the Centre in August 2023.
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The Court noted that with the removal of Rule 170, AYUSH product advertisements no longer require prior state approval, but they must still comply with existing advertising and consumer protection laws. The Bench stressed that misleading claims, whether in traditional or modern medicine, remain subject to scrutiny under the Consumer Protection Act, the Drugs and Magic Remedies Act, and other applicable statutes.