New Delhi: In a major relief for India’s Ayurveda industry, the Supreme Court on Monday (August 11) closed the case filed by the Indian Medical Association (IMA) over advertisements for traditional medicines and vacated its earlier order that had placed stricter approval requirements on such ads.
The Bench, comprising Justices B.V. Nagarathna and K.V. Viswanathan, noted that the matter had run its course and the reliefs sought by the IMA had already been addressed. The court made it clear that it could not legislate or revive a provision that had been formally removed by the executive.
The case was originally initiated by the IMA against Patanjali Ayurveda, alleging that its advertisements contained exaggerated claims and criticised modern medicine. While the Supreme Court had at one stage temporarily restricted Patanjali’s advertising and initiated contempt proceedings against its promoters Baba Ramdev and Acharya Balkrishna, the matter was resolved later.
Advertising Is Legitimate
Importantly, the Court acknowledged that advertising is a natural and legitimate business practice for products that are lawfully manufactured. “Once you permit manufacture, then advertisement of that product will be a natural business practice,” Justice Nagarathna observed.
Case Details
The Ministry of AYUSH had earlier, on July 1, 2024, formally deleted Rule 170 of the Drugs and Cosmetics Rules, 1945, which had required prior state-level approval before advertising Ayurvedic, Siddha, or Unani medicines. This move was seen as a significant step towards reducing red tape and promoting the AYUSH sector, which plays a vital role in India’s traditional healthcare ecosystem.
Big Boost For Patanjali
With the Supreme Court’s closure of the case, Patanjali and other AYUSH companies can now focus on innovating and promoting their products without the threat of outdated advertising restrictions, provided they continue to comply with existing laws. The judgment is expected to give a strong boost to the growth and global reach of India’s traditional medicine sector.
