Lok Sabha Question No. 6485 (UNSTARRED), answered on 2018-04-06
Subject: Misleading Advertisement of Drugs
Ministry: HEALTH AND FAMILY WELFARE
Asked by: RAJU ALIAS DEVAPPA ANNA SHETTI

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 6485 TO BE ANSWERED ON  6 TH APRIL, 2018

## MIS LEADING ADVERTISEMEN T OF DRUGS

## 6485. SHRI RAJU SHETTY:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether the cases of misleading advertisements regarding drugs are on rise in the coun
- (b) if so, the details thereof along with reaction of the Government thereto;
- (c) thedetails regarding norms/ guidelines issued by the Government formulations/drugs by the pharmacists; and

for sale

- (d)  the  steps  taken  by  the  Government  to  ensure  compliance  of  norms  by  pharmacists  wh selling the drugs along with the action taken agai nst violators?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (ASHWINI KUMAR CHOUBEY)

- (a) & (b): The Government has not received such reports indicating that cases of misl advertisement regarding drugs are on the rise in the country.

Advertisements concerning drugs are regulated under the provisions of Drugs and Mag Remedies  (Objectionable  Advertisements)  Act,  1954  which  is  administered  by  the  Sta Governments.  Further,  advertisements  telecast  on  TV  channels  are  required  to  adhere  t o  the Advertising Code prescribed under the Cable TV Networks (Regulation) Act, 1995 and Rule framed thereunder. Advertising Standards Council of India (ASCI), a self regulatory bo advertisement  industry,  has  set  up  Consumer  Complaints  Council  to  dea l  wi h advertising content  and  decide  on  complaints  against  advertisements  making  misleading,  false unsubstantiated claims.

Department  of  Consumer  Affairs  has  launched  a  portal  'Grievance  Against  Misleading Advertisements' (GAMA) to handle the complaints relating to misleading advertisements. It has entered into a Memorandum of Understanding (MoU) with ASCI to process the complaints of misleading advertisements in print and electronic media, as received on GAMA portal.

Contd……….

The Drugs and Cosmetics Rules, 1945 were amended in 2015 making a provision to the effect that no advertisement of drugs specified in Schedule H, Schedule H1 and Schedule X Prescription drugs) shall be made except with the previous sanction of the Ce ntral Government. State Licensing Authorities are empowered to take action in case of non - compliance.

(c) & (d): The sale and distribution of drugs in the country are regulated under the prov of  the  Drugs  &  Cosmetics  Act,  1940  and  Rules,  1945  the reunder  by  the  State  Licensing Authorities (SLAs) through a system of inspection and licensing.

The  said  Rules  prescribe  conditions  to  be  satisfied  before  grant  of  License  for drugs.  These  include  adequacy  of  the  premises,  proper  storage facilities  for  preserving  the properties  of  drug,  requirement  of  competent  person  to  supervise  and  control  the  s drugs etc.

SLAs are legally empowered to take action in case violation of the conditions of licen

******************