Lok Sabha Question No. 2824 (UNSTARRED), answered on 2018-08-03
Subject: Misleading Advertisements
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: K. C. VENUGOPAL

## GOVERNMENT OF INDIA MINISTRY OF AYURVEDA, YOGA & NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY (AYUSH)

LOK  SABHA UNSTARRED  QUESTION NO. 2824 TO BE ANSWERED ON 3 RD AUGUST, 2018

## MISLEADING ADVERTISE MENTS

## 2824. SHRI K.C. VENUGOPAL:

Will the Minister of AYURVEDA, YOGA AND NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY (AYUSH) be pleased to state:

- (a) whether his Ministry proposes to take collaborative efforts with the Department of Co Affairs, Ministry of Information and Broadc asting and State Governments against misleading advertisements with respect to AYUSH drugs;
- (b) if so, the details thereof and the action taken in this direction so far;
- (c)  whether  the  Government  proposes  to  enact  a  new  legislation  containing  the  exis ting  and proposed provisions of both Drugs and Cosmetics Act, 1940 and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 and if so, the details thereof and the action take Government in pursuing the legislation to get into law;
- (d) whether the Government is taking any measures on a regular basis for effectively pre the publication of inappropriate and misleading advertisements in respect of AYUSH drugs;
- (e) if so, the details thereof?

## ANSWER

## THE MINISTER OF STATE (IC) OF THE MINISTRY OF AYURVEDA, YOGA & NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY (SHRI SHRIPAD YESSO NAIK)

- (a)  &( b): Ministry  of  AYUSH  has  taken  up  the  issue  of checkingthe  veracity  of  misleading advertisements of AYUSH drugs with collaborative efforts of other Central and State Gov Departments. Actions taken in this direction are as under:
- i) The Department of Consumer Affairs has established a portal for Grievances Again Misleading Advertisements (GAMA), wherein the consumers can directly register thei grievances against misleading advertisements  for all products/services inclu ASU&H dr ugs. The complaints of the consumers registered in the GAMA portal about AYUSH drugs are examined in the Ministry of AYUSH and forwarded to the concerned State Regulator for taking action in accordance with the legal provisions.

Contd……..

- ii) Ministry of Information & Broadcasting has issued instructions/guidelines dated to all media channels to advertise only those AYUSH products, which have valid manufacturing license and to abstain from telecasting such misleading advertiseme which  are  in  contravent ion  of  the  provisions  of  the  Drugs  and  Magic  Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder.
- iii) State  Governments  have  authorized  Gazetted  Officers  to  search,  seize,  examine  a record,  register,  document  or  any  other  material  object re ated  to  any  objectionable advertisement under the provisions of Section 8(1) of the Drugs and Magic Remedi (Objectionable  Advertisements)  Act,  1954  and have  reported  to  have  taken  action against the defaulters.
- iv) Ministry of AYUSH signed a MoU with A dvertising Standard Council of India (ASCI) to undertake comprehensive monitoring of the quality of advertisements pertaining Ayurveda, Siddha, Unani and Homoeopathy (ASU&H) drugs in print & TV media and to report the cases of default to the concerned S tate regulatory  authorities for taking action in accordance with the legal provisions.
- v) Ministry of AYUSH has implemented a central scheme of pharmacovigilance initiative for safety monitoring of Ayurveda, Siddha, Unani and Homoeopathy drugs in which surve illance of AYUSH advertisements is one of the activities.

(c): Both  Drugs  &  Cosmetics  Act,  1940  and  Drugs  &  Magic  Remedies  (Objectionable Advertisement) Act, 1954 are under the administrative purview of Ministry of Health & Fa Welfare. Government has taken a decision to prepare fresh legislation for regulating drug which  Ministry  of  AYUSH  provided  inputs  to  frame  the  regulatory  provisions  pertaining Ayurvedic,  Unani,  Siddha,  Sowa  Rigpa  and  Homoeopathic  drugs  and  prohibition  of  thei mislea ding advertisements.

( d) & e): The Ministry of AYUSH is pursuing the matter of introducing prohibitive measure misleading advertisements and has inter alia made the notification of draft Rules under D Cosmetics Rules, 1940 and constituted an Empowered Committee for controlling the publicat of inappropriate and misleading advertisement/exaggerated claims of ASU&H drugs.

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