Lok Sabha Question No. 4882 (UNSTARRED), answered on 2016-12-16
Subject: Sale of Ayurvedic Medicines through Television Channels
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: KIRIT SOMAIYA

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

## LOK  SABHA UNSTARRED QUESTION NO. 4882 TO BE ANSWERED ON 16 TH DECEMBER, 2016

## SALE OF AYURVEDIC ME DICINES THROUGH TELE VISION CHANNELS

## 4882. DR. KIRIT SOMAIYA:

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

- (a)  whether  the  Government  has  taken  note  of  the  sale  of  Ayurvedic  Medicines  throu Television channels by self de clared Vaidyas without proper approval from AYUSH and if so, the details thereof;
- (b) whether there is any mechanism to monitor the quality of ayurveda medicines which being promoted/sold through Television;
- (c) if so, the details thereof;
- (d ) if not, whether the Government has any plan to formulate guidelines/rules in this rega
- (e) if so, the details thereof?

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

(a) to (e): Government is aware of the sale and advertisement of Ayurvedic medicines th TV channels for which  no regulatory approval is required from the Ministry of AYUSH want  of  any  enabling  provisions  in  the  Acts  meant  for  such  m edicines.  A ll  advertisements telecast on TV channels are required to adhere to the Advertising Code prescribed unde Cable TV Networks (Regulation) Act, 1995 and Rules framed thereunder. Presently, there ar regulatory provisions for pre -censorship on advertisements. Action is taken whenever violation of Advertisement Code is brought to the notice of the Ministry of Information and Broadc or  the  advertisement  is  found  to  be  in  contravention  of  the  provisions  of  Drugs  & Remedies  (Objection able  Advertisements)  Act,  1954  and  Rules  thereunder.  The  relevant advertisement codes are available on the website - www.mib.nic.in . Rule 7(5) under Cable TV Networks  (Regulation)  Act  specifically  provide  'No  advertisement  shall  contain  references which are likely to lead the public to infer that the product advertised or any of its ing some  special  or  miraculous  or  super - natural  property  or  quality,  which  is  difficult  of  bei proved'.  Similarly, the quality aspects of Ayurvedic medicines are specified in the Drugs and Cosmetics  Act,  1940  and  Rules  thereunder  and  the  State  Licensing  Authorities  or  Dr Controllers are re sponsible to oversee the quality control of these medicines and take regul action  against  the  medicines  found  to  be  misbranded,  adulterated,  spurious  or  substa Mechanisms in place and steps taken for quality control of products sold or promoted through advertisements are as follows -

- i) Ministry  of  Information  and  Broadcasting  has  constituted  an  Inter - Ministerial Committee (IMC) to look into the violations of advertisement code suo -moto or whenever  violations  of  the  advertisement  code  are  brought  to the  notice  of  the Ministry  in  respect  of  private  TV  channels.    The  Inter - Ministerial  Committee meets  periodically  and  recommends  actions  in  respect  of  alleged  violatio reported. An  advisory  was  also  issued  by  the  Ministry of  Information  and Broadcasting on 21.8.2014 advising all TV channels not to telecast advertisement which  were  found  to  be  violating  the  provisions  of  Cable  Television  Networ Rules, 1994, Advertising Standards Council of India (ASCI) Code and also Drug & Magic Remedies (Objectionabl e Advertisement) Act, 1954.
2. ii) As  part  of  the  self -r gulatory  initiative  of  the  industry,  Advertising  Standar Council of India (ASCI), a voluntary body of advertisement industry, promot self - regulation of advertisement content by monitoring and deciding on complaints against advertisements making misleading, false and unsubstantiated claims of products including Ayurvedic medicines.
3. iii) Complaints  about  the  misleading  content  of  the  advertisements  of  Ayurvedi medicines received in the Ministry of AYUSH from any source are forwarded to the  concerned  State  Licensing  Authorities  with  the  direction  to  take  neces action  in  accordance  with  the  provisions  of  Drugs  and  Magic  Remedies (Objectionable Advertisements) Act, 1954 and Drugs & Cosmetics Act, 1940 a nd Rules thereunder.  State authorities have reported to have taken action in cases.
4. iv) Ministry  of  AYUSH  in  consultation  with  Ayurvedic,  Siddha  and  Unani  Drugs Technical Advisory Board (ASUDTAB) have framed and notified draft rules for prohibition o f misleading advertisements of Ayurvedic, Siddha and Unani drugs in the  Official  Gazette  vide  GSR  No.  396(E)  dated  4 th April,  2016  to  amend  the Drugs and Cosmetics Rules, 1945.

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