The Centre has defended in the Supreme Court its 2023 letter requesting licensing authorities in states and Union Territories not to act against Ayurveda companies for advertising products in violation of Rule 170 of the Drugs and Cosmetic Rules, 1945, Live Law reported on Tuesday.

Rule 170 of the 1945 Rules prohibits advertisements of Ayurveda, Siddha and Unani drugs without prior clearance from the licensing authorities.

The submission was made in an affidavit filed by the joint secretary of the AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) ministry as part of proceedings in the contempt case against Patanjali co-founder yoga guru Ramdev and Managing Director Balkrishna for publishing misleading advertisements in violation of the Drugs and Magic Remedies Objectionable Advertisements Act.

The Centre’s affidavit said that its letter, dated August 29, 2023, was issued on the recommendation of the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board on May 25, 2023, suggesting that Rule 170 should be omitted from the Drugs and Cosmetic Rules, 1945.

The Centre also pointed out that petitions have been filed challenging the provision in the High Courts of Delhi, Bombay and Kerala.

It said that in order to “avoid confusion and to prevent avoidable litigations”, the Ministry of AYUSH had issued the letter directing licensing authorities in all states and Union Territories “not to take any action under Rule 170 of the Drugs & Cosmetics Rules, 1945, as the final notification is under process”.

It added that the final gazette notification will take some more time.

After the top court’s orders on April 16, Patanjali Ayurved’s co-founders had apologised for the “mistake of publishing advertisements and holding a press conference” even after it assured the court that it would cease to promote products making dubious claims.