Lok Sabha Question No. 1061 (UNSTARRED), answered on 2019-11-22
Subject: Misleading Advertisements of AYUSH Medicine
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: Rita Bahuguna Joshi

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

LOK  SABHA UNSTARRED  QUESTION NO. 1061 TO BE ANSWERED ON 22 ND NOVEMBER, 2019

## MISLEADING ADVERTISE MENTS OF AYUSH MEDIC INE

## 1061. SHRIMATI RITA BAHUGUNA JOSHI:

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

- (a) whether the Government has devised a mechanism to deal with the companies which resort t misleading  advertisements  to  allure  the  customers  by  deceptive  claims  about  the  effe AYUSH medicines;
- (b) if so, the details thereof along with the number of companie s against whom the action has been taken by the Government during the last two years;
- (c)  whether  the  Government  is  taking  up  the  matter  with  the  State/UT  Governments  for monitoring of advertisements pertaining to the AYUSH medicines; and
- (d) 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):    Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rule thereunder    encompass  the  provisions  for  prohibition  of  misleading  advertisements exaggerated claims of drugs and medicinal substances including AYUSH medicines and fo r the penalty to be imposed on the defaulters.  Central  Government has notified insertion of R in  the  Drugs  &  Cosmetics  Rules,  1945  on  24 th December,  2018  specifically  for  controlling inappropriate advertisements of Ayurvedic, Siddha and Unani medi cines.  Ministry of AYUSH signed an MoU with Advertising Standards Council of India (ASCI) for two years to undert monitoring of AYUSH - related advertisements in the print and television media and bring cases of contravention of legal provisions to t he otice of the State Regulatory Authorities for taking necessary action.   Department of Consumers Affairs in the Central Government ha up an online system called GAMA ((Grievances Against Misleading Advertisements) portal f registering  public  com plaints  of  misleading  advertisements  of  various  commodities  includin AYUSH medicines and allied products. As a result of the monitoring done by ASCI,  732 cases of misleading advertisements of AYUSH products were reported in 2017 - 18 and 497 cases in 2018- 19.   456 cases of violation of the provisions of Drugs & Magic Remedies Act, 195

2017- 18 and 203 cases in 2018 - 19 were escalated to the State Regulators for taking necessar action in accordance with the legal provisions.

(c)  &  (d):    State/UT  Govern ments  are  empowered  to  enforce  the  provisions  of    Drugs  & Cosmetics  Act,  1940  and  Rules  there  under  and  Drugs  &  Magic  Remedies  (Objectionable Advertisements) Act, 1954 and Rules there under.   Accordingly, directives have been iss the States /UTs for appointing Officers to enter, search any premises or examine or seize record related to the alleged misleading or improper advertisements and initiate action the cases of default. Pharmacovigilance Centres for Ayurveda, Siddha, Unani and Homoe opathy (ASU&H) Drugs set up in different parts of the country under the Central Scheme of Minist AYUSH are also mandated to monitor and report the misleading advertisements to the respec State Regulatory Authorities.   The cases of misleading adve rtisements brought to the notice of Ministry  of  AYUSH  are  individually  forwarded  to  the  concerned  State/UT  authority,  med channel and the manufacturer for prohibitive and regulatory action.

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