There has been a major spike in the number of misleading advertisements related to Ayush drugs in the country despite the Narendra Modi government's attempts to curb the violations.
Responding to a query posed by Congress MP Dr Kirsan Namdeo, Minister of State for Ayush Pratap Rao Jadhav shared in Parliament details of misleading advertisements related to Ayush drugs reported in the last three years.
| Year | Misleading Advertisements |
| 2022 | 7367 + 4 (COVID) |
| 2023 | 7771 |
| 2024 (Till November) | 9032 |
| Total | 24174 |
The data shows while during the peak Covid pandemic period 7371 complaints (including 4 Covid-related) of misleading ads were reported, the number went up to 7771 complaints. Worryingly, till November this year, the number of complaints had soared to 9032.
The issue has been growing at worrying pace. In fact, the Supreme Court too has taken a tough stance on this issue in recent times. In August this year, the Apex Court had temporarily stayed a notification issued by the Ministry of Ayush that omitted Rule 170 of the Drugs and Cosmetics Rules, 1945, a key regulation prohibiting misleading advertisements for Ayurvedic, Siddha, and Unani drugs. The move came under sharp criticism from the court for contradicting its earlier directives.
A bench comprising Justices Hima Kohli and Sandeep Mehta questioned the Ministry of Ayush's July 1, 2024, notification, which was issued just weeks after the court’s May 7, 2024, order mandating stricter checks on misleading advertisements.
"Instead of withdrawing the letter dated August 29, 2023, the ministry chose to issue a notification that directly contradicts our directions," the bench observed, staying the notification until further orders.
In May 2024, the Supreme Court had issued a directive requiring advertisers to submit self-declarations before broadcasting or publishing advertisements. This measure, aligned with the Cable Television Networks Rules, 1994, was intended to curb deceptive claims and ensure transparency.
The court described the Ministry's subsequent notification as “perplexing” and in direct conflict with its earlier order.
Following this, the Union Ayush Ministry reiterated its stance against advertisements promoting Ayurveda, Siddha, Unani, and Homeopathy (ASU&H) drugs with "miraculous or supernatural" claims, calling them illegal and a serious risk to public health.
The ministry emphasized that advertisements making unverified or false claims mislead consumers and can potentially harm their well-being. The ministry clarified that it does not certify or approve any ASU&H drugs or companies. Licenses for manufacturing and selling such drugs are issued by State and Union Territory Licensing Authorities, as per the Drugs and Cosmetics Act, 1940.
"It is illegal to advertise ASU&H drugs claiming miraculous or supernatural effects for the treatment of diseases. Such advertisements can mislead and endanger public health," the ministry stated.
Pharmacovigilance
Meanwhile, responding to the Congress MP's query, MoS Jadhav said that Pharmacovigilance Centres established across the country had been tasked with monitoring and reporting objectionable advertisements to the respective State Regulatory Authorities.
Offering details, the minister said the program operates through a three-tier structure consisting of a National Pharmacovigilance Co-ordination Centre (NPvCC), which oversees the implementation of the National Pharmacovigilance Program for ASU&H drugs from the All India Institute of Ayurveda (AIIA) in New Delhi. Besides this, there are five Intermediary Pharmacovigilance Centres (IPvCs) that act as regional hubs supporting the national centre abd 99 Peripheral Pharmacovigilance Centres that work at the grassroots level to identify and report misleading claims.
Jadhav revealed that till date, approximately 378 brands from the Ayush system have been issued notices for violating regulations.
Under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, advertising drugs and remedies targeting specific diseases or conditions is strictly prohibited. Violators face penalties as outlined by the law. Additionally, ASU drugs containing Schedule E1 substances are only to be consumed under the supervision of a registered Ayush medical practitioner, and the packaging must carry a cautionary note in both Hindi and English: "Caution to be taken under medical supervision."
Published: 22 Dec 2024, 12:44 pm IST
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