Lok Sabha Question No. 1143 (UNSTARRED), answered on 2020-02-07
Subject: Misleading Advertisements
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Pankaj Chowdhary, Sumedhanand Saraswati

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

## LOK SABHA UNSTARRED QUESTION NO. 1143 TO BE ANSWERED ON 7 th FEBRUARY, 2020

## MISLEADING ADVERTISE MENTS

## 1143. SHRI PANKAJ CHAUDHARY: SHRI SUMEDHANAND SARASWATI:

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

- (a)  the  details  of  the  rules  and  guidelines  laid  down by  the  Government  to  regulate advertisements regarding the medicine, healthcare, food and beverages and edible products i n the country, if so, the details thereof;
- (b) whether the Government has paid attention to the advertisements of companies, selling the above said products, in print and electronic media, if so, the details thereof;
- (c) whether Government is aware that people are suffering from many types of diseases by consumingsuch products being advertised;
- (d)  whether  the  Government  has  ascertained  theauthenticity  of  the  claims  made  in advertisements before granting approval to such products, if so, the details thereof and if not, the reasons therefor; and
- (e) the action taken against such companies during the last three years along with other steps proposed/ taken by the Government to check/prohibit the misleading advertisements by the companies selling the said products?

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

(a) to (e): Advertisements concerning drugs are regulated under the provisions of Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 which is administered by the State Governments.

Section  24  of  the  Food  Safety  and  Standards  Act,  2006  places  restriction misleading  advertisements  relating  to  food.  Section  52  prescribes  penalty  for  misbr ded food and Section 53 of the Act prescribes penalty for such advertisements. Further, Safety and Standards Authority of India (FSSAI) has notified the regulations pertain Claims and Advertisements by Food Business Operators in respect of their food products.

All  advertisements  telecast  on  private  satellite  TV  channels  are  regulate accordance  with  the  Advertising  Code  prescribed  in  the  Cable  Television  Networ (Regulation) Act, 1995 and rules framed thereunder.

In complia nce of provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Drugs & Cosmetics Act, 1940, an advisory was issued b Ministry of Information and Broadcasting on 12.07.2017 in which all TV channels have b advised to advertise only products that have valid license issued by M/o AYUSH or State Drug Licensing Authorities.

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, Schedu le H1 and Schedule X (i.e.  Prescription  drugs)  shall  be  made  except  with  the  previous  sanction  of  the Government.  State  Licensing  Authorities  are  empowered  to  take  action  in  case  of  n -compliance.  The  sale  and  distribution  of  drugs  in  the  country are  regulated  under  the provisions  of  the  Drugs  &  Cosmetics  Act,  1940  and  Rules,  1945  thereunder  by  the  St Licensing Authorities (SLAs) through a system of inspection and licensing.

SLAs are legally empowered to take action in case violation of the conditions of license. As and when such complaints are received by Central Drugs Standard Control Organisati (CDSCO) under the Ministry of Health & Family Welfare, the same are forwarded to th respective State Licensing Authorities for taking neces sary action.

Further,  A dvertising Standards  Council  of  India  (ASCI),  a  self - regulatory  body  of advertisement industry,  has set up Consumer Complaints Council to deal with adverti content  and  decide  on  complaints  against  advertisements  making  misleading,  false unsubstantiated claim s.

FSSAI has notified the Food Safety and Standards (Advertising and Claims) Regulati on  19.11.2018.  Many  claims,  listed  in  various  schedules  of  these  regulations  with  r criteria, are permitted to be made by food business operators without t he need for seeking prior  approval  of  FSSAI.  However,  other  types  of  claims  not  standardized  under  t regulations   require approval from the Food Authority and should be supported with s scientific basis.  A detailed procedure is prescribed in thes e regulations for obtaining approval for non - standardised claims .

The  details  of  samples  analysed,  found  not  conforming  including  misleading  a misbranded food and action taken during the last three years is enclosed at annexure .

Annexure Statement regarding number of samples of food products examined, found non-confirming including misleading and misbranded food and action taken during the last three years

| Year    | No. of samples analysed   | No. of samples found non- confirming   | No. of Civil/ Criminal cases Launched   | Convictions   | No. of cases in which Penalties imposed /Amount raised   |
|---------|---------------------------|----------------------------------------|-----------------------------------------|---------------|----------------------------------------------------------|
| 2016-17 | 78,340                    | 18,325                                 | 13,080                                  | 1,605         | 4,757/Rs.17,01,93,266                                    |
| 2017-18 | 99,353                    | 24,262                                 | 15,121                                  | 5,198         | 7,627/Rs.26,35,41,067                                    |
| 2018-19 | 1,06,459                  | 30,415                                 | 21,363                                  | 701           | 12,734/Rs.32,57,78,087                                   |