Lok Sabha Question No. 1982 (UNSTARRED), answered on 2018-12-21
Subject: Misleading Claims about Medicines
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: BHARATENDRA SINGH, HARI MANJHI

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

## LOK  SABHA UNSTARRED  QUESTION NO.1982 TO BE ANSWERED ON 21 ST DECEMBER, 2018

## MISLEADING CLAIMS AB OUT MEDICINES

## 1982. KUNWAR BHARATENDRA: SHRI HARI MANJHI:

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

- (a) the number of complaints received during the last three years regarding misleading made through advertisements i n electronic/print media about medicines made from herbs;
- (b) whether complaints about the sale of such medicines/products without any authentic c test in the market and death of persons due to consumption of such medicines/products ha beenreported, if so, the details thereof;
- (c)  the  extent  to  which  the  Government  has  been  successful  in  checking  these  mislea advertisements; and
- (d) the other steps taken to impose strict punishment on misleading advertisements pertaini natural or Ayurvedic treatments?

## ANSWER

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

- (a) : Ministry of AYUSH has come across instances of misleading advertisements/claims alle of herbal, Ayurvedic and other such products. 66 cases  of improper  advertising  of  AY al lied   products  in  2015, 204 cases in 2016, 547 cases in 2017 and 358 in the curren have  been  reported  from  the  Grievances  Against  Misleading  Advertisements  (GAMA)  por maintained by the Department of Consumer Affairs and complaints also rec eived in this regard from different sources. The Advertising Standards Council of India (ASCI) has reported to have 732  complaints  pertaining  to  misleading  advertisements  of  AYUSH  for  the  period  from January, 2017 to 19th January, 2018.
- (b ) : Manufacturing  for sale and quality  control  of  Ayurvedic, Siddha  and Unani m made    from    herbs  and  other  ingredients  is  regulated    in  the  country  in  accordance provisions of Drugs and Cosmetics Act, 1940 and Drugs and Cosmeti cs Rules, 1945 including the

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requirement  of proof  of safety and effectiveness  for grant  of license.  In the recent Ministry has  not    received  any  specific  complaints  about  death  of  persons    due    to  consumptio licensed  medicinal  products .

(c)& (d) : For checking the veracity of misleading advertisements of  AYUSH products in and TV media and to undertake monitoring of such  advertisements, powers  are  vested  wi State Governments to authorize  Gazatted Officers to search, seize, examine any record document  or  any  other  material  object  related  to  any  objectionable  advertisem ent  under  the provisions of Section 8(1) of the Drugs and Magic Remedies (Objectionable Advertisement 1954.    Ministry  of  AYUSH  has  repeatedly  taken  up  the  matter  with  the  State  Governmen appoint Gazetted officers for monitoring of advertisement s of ASU&H drugs. States have depute 621  Gazetted  officers  to  enforce  the  legal  provisions  for  taking  necessary  action defaulters in making inappropriate advertisements AYUSH of medicine etc. Ministry of A also signed a MoU with Advertising Standards Council of India (ASCI) in January, 2017 for su -moto monitoring of misleading advertisements appearing in the print media and TV channe bring the defaulters to the notice of respective State regulators. Media regulators ha approached to prevent the publication of inappropriate advertisements promoting sale of and other such AYUSH medicines in public interest. On this account, Ministry of Inform Broadcasting    issued  instructions/guidelines    to    all  media    channe ls    and    to    abstain  from publishing  and  telecasting    such  misleading    advertisements,  which  are    in  contravent provisions  of  Drugs  and  Magic  remedies  (Objectionable  Advertisements)  Act,  1954  and thereunder.  Consumers'  complaints  about  mi sleading  claims  or  advertisements  of  AYUSH  and herbal  medicines  registered  in  the  GAMA  portal  of  the  Department  of  Consumer  Affair examined  by  a  Nodal  Officer  appointed  in  the  Ministry  of  AYUSH  and  are  forwarded  to concerned State Regulatory Autho rities for necessary action in accordance with the legal prov Ministry  of  AYUSH  issued  an  Advisory  dated  31.08.2018  to the  drug  manufacturers  and  the advertising agencies to refrain from using the name of Government Departments or Institutions in t he advertisements of ASU&H Drugs. Also, Caution for General public has been issued in l newspapers  not  to  fall    prey    to  fake    calls      and    advertisements of  ASU&H Drugs.  With  the enforcement of these steps  the advertisers have corrected or withdraw n the improper advertisements on being pointes out by the ASCI and the show cause  notices and court cases are reporte been filled by the  State Authorities against the defaulters.

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