New Delhi:

The Supreme Court on Tuesday asked some tough questions for the Center and the Indian Medical Association as it continued a marathon hearing on the IMA’s claim of misleading advertisements of Baba Ramdev’s Patanjali Ayurveda, which also included Coronil, which is used to treat COVID-19. Was told “cure”. -19.

First, Justice Hima Kohli and Justice Ahsanuddin Amanullah wanted to know why the government had removed Rule 170 from the Drugs and Magical Remedies (Objectionable Advertisements) Act, or DMR, which prohibits advertisements of drugs as products with “magical” abilities. Prohibits.

Rule 170 was added to the DMR in 2018 to check claims made by companies, including Patanjali, selling Ayurvedic preparations. However, in August last year, the AYUSH ministry took a surprise U-turn and recommended its removal based on inputs from a special technical board.

Also, officials were told not to take action under this rule.

Specifically, Rule 170 requires companies making Ayurvedic, Siddha and Unani medicinal preparations to obtain approval from the state licensing authority before running advertisements.

An angry Supreme Court – which has in the past weeks questioned Ramdev and Patanjali co-founder Acharya Balkrishna on the quantum and content of apologies for running misleading advertisements – wanted to know why the Center backed down and said “it seems that the authorities are looking to Were busy in ” Income”.

“The Ministry of AYUSH issued a letter to all the states regarding Rule 170… and now you want to take it back? You have taken steps against such advertisements… and now you say,” the Minister of State said in Parliament. That Rule 170 will not be withdrawn.” Should it be given effect to?” the court asked the Centre. “When a law is in power, can you put a stop to it? Is this not a colorful use of power and a violation of the law?”

Read | “Is the apology the same size as the advertisement?” Supreme Court interrogated Ramdev

“You (the Centre) decided to change your stand. The rule was for you to run the ad… and now (you) say there is no need to cross-check the ad?” Justice Kohli made sharp remarks to the petitioner – the Indian Medical Association – saying – “…you should have involved the Ministry of Consumer Affairs also”.

“It appears that the officials were too busy looking at the revenue,” the court said.

The court also referred to the moment where an advertisement of Patanjali was shown on a TV news channel while the anchor was reporting on the trial. “what is the situation!” Justice Amanullah declared, as his colleague pointed to recent concerns over the safety of popular FMCG products, asking, “You (Centre) identified the fault-lines and told the states… but what did you yourself do?” Did?”

Justice Amanullah said, “The Center should also tell us about the steps regarding other FMCGs…”

The court’s comments on this point came after authorities in Hong Kong and Singapore red-flagged the presence of ethylene oxide – a cancer-causing compound – in four products from two globally popular spice brands, Everest and MDH. The Center has now ordered testing of all such products.

Read | Center takes action after recall of spice brands in Hong Kong, Singapore

Earlier this month Nestle, the world’s largest consumer goods company, was found to be adding extra sugar to baby food products, in violation of international guidelines aimed at preventing obesity and chronic diseases. These violations were found only in Asian, African and LatAm countries.

Read | Nestle added 3 grams of sugar to Cerelac sold in India: Report

Meanwhile, the Supreme Court not only tightened its grip on the Center but also questioned the original petitioner – IMA – over possible laxity in standards for advertisements of allopathic medical products.

“Explain what the Advertising (Standards) Council did to counter such advertisements and members endorsing such products. We (now) are not looking at lone respondents…we are looking at children, infants, women No one can be taken for a ride…”

“We are asking questions from the Ministry of Consumer Affairs and the Ministry of Information and Broadcasting as co-respondents. State licensing authorities across the country will also be added as parties and they will also have to answer certain questions…” The court said sternly. ,

The court also pulled up the IMA and said the medical body “needs to get its house in order with regard to alleged unethical practices… where expensive and unnecessary medicines are prescribed”.

The court reminded the IMA – as children are scolded across the country – that by pointing a finger at Patanjali, the other four were pointing a finger at them.

The court said, “Whenever the position held by the petitioner association is misused to prescribe expensive medicines and the method of treatment has to be closely scrutinized…”

The next hearing in this case will be held next week.

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