Advertisements claiming treatment of diseases in violation of the regulations have been a cause of concern
Pointing to high incidents of misleading advertisements for alternative medicines claiming to treat certain diseases, the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) has roped in Advertising Standards Council of India (ASCI) to strictly monitor such advertisements and take appropriate action against the erring companies.
Ministry of AYUSH has given ASCI a self-monitoring mandate to identify potentially misleading advertisements in the AYUSH sector and process complaints through its Consumer Complaints Council (CCC). The Ministry of AYUSH will also redirect complaints against misleading advertisements they receive to ASCI, which will be reviewed using ASCI’s code and guidelines, across the print and electronic media.
“We have signed an MoU with ASCI to effectively weed out such advertisements so that consumers are protected from unscrupulous manufacturers selling products making false claims. This is vital for the propagation of AYUSH system of medicine within India and beyond,” Ajit M Sharan, Secretary, Ministry of AYUSH said.
“The arrangement would also ensure that any advertisement making claims for diseases and disorders, in violation of the notification issued by our ministry for indications that have been prohibited from claiming, are immediately brought to our attention,” he said.
ASCI will also report to the Ministry of AYUSH regarding advertisements that are in potential violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder as well as non-compliance of ASCI’s CCC recommendations for the Ministry of AYUSH to take further action. Violation of the law attracts imprisonment for six months or fine or both for first conviction, and for subsequent conviction imprisonment for a year or fine or both.
The State and Central Licensing Authorities will be actively involved with the ASCI and the Ministry of AYUSH. “AYUSH is among top three sectors where we find a high incidence of misleading advertisements and some of the advertisements in the AYUSH sector claiming treatment of certain diseases in violation of the Drugs and Magic Remedies Regulations have been a cause of concern,” said S K Swamy, ASCI Chairman.
Until now, complaints about the misleading content of the advertisements of Ayurvedic medicines received in the Ministry of AYUSH from any source are forwarded to the concerned State Licensing Authorities with the direction to take necessary action in accordance with the provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Drugs & Cosmetics Act, 1940 and Rules there under. State authorities take action in such cases. For curbing the practice, Ministry of AYUSH in consultation with Ayurvedic, Siddha and Unani Drugs Technical Advisory Board (ASUDTAB) has also framed and notified draft rules for prohibition of misleading advertisements of Ayurvedic, Siddha and Unani drugs.
In recent past, there have been reports of several advertisements claiming that some Ayurvedic drugs can treat diseases such as diabetes and cancer. It is common to read and watch advertisements form Ayurvedic companies to claim that their products can treat sexual dysfunction and improve sexual performance.
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