Anushka Sharma –
Published On: November 14, 2021 at 14:48 IST
The Kerala High Court recently held that as long as an Institution’s Ayurvedic Treatments and services were not advertised as a Drug, no Authorization was required.
The Bench, however, emphasized that this Order should not be interpreted as a General Prohibition on the publication of Treatment Advertisements.
Justice P.V. Kunhikrishnan also Ordered the State to send a circular to specific Authorized personnel, instructing them to monitor such Advertisements and take appropriate action in the event of a Violation of the Drugs and Cosmetics Act.
The Court also made an important point in the subject, suggesting that Laws be created to Prohibit unqualified persons from advertising treatment for specific ailments.
If the State lacked the necessary Legislative Authority, it was told to take the matter up with the Federal Government.
The Court agreed with the Petitioner that Rule 170 did not Prohibit advertising Treatment given by an individual or other facilities of Treatment in a Hospital.
“The Petitioner has no Case that he wants to Advertise any Drugs manufactured by him or any Drug used for his treatment. In such circumstances. Rules 170 of Rule 1945 is not at all applicable in the facts and circumstances of the present Case.”
The Bench noted that the Petitioner’s intended Advertisement was not related to any Drug for the diagnosis, cure, mitigation, treatment, or prevention of any diseases, ailment, syndrome, or condition.
As a result, the Judge concluded that the Petitioner’s Advertisement could be published because there was no Statute preventing it.
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