Lok Sabha Question No. 3416 (UNSTARRED), answered on 2021-12-17
Subject: Advertisment of Herbal Medicine as Magic Remedies
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: E. T. Mohammed Basheer

## GOVERNMENT OF INDIA MINISTRY OF AYUSH

## LOK SABHA UNSTARRED QUESTION NO.3416 TO BE ANSWERED ON 17 th  DECEMBER, 2021

## ADVERTISMENT OF HERBAL MEDICINE AS MAGIC REMEDIES

## 3416. SHRI E.T. MOHAMMED BASHEER:

Will the Minister of AYUSH be pleased to state:

(a)  whether  the  Government  is  aware  that  some  private  individuals  and  firms  are  advertising magical remedies through herbal medicines;

(b) if so, the details thereof;

(c) whether the Government proposes to curb this kind of unscientific method of treatment and its publicity; and

(d) if so, the details thereof?

## ANSWER THE MINISTER OF AYUSH

## (SHRI SARBANANDA SONOWAL)

- (a) Yes Sir, Ministry of AYUSH has taken a note of misleading advertisements pertaining to Ayurveda,  Unani,  Siddha  and  Homoeopathy  (ASU&H)  drugs,  treatments  and  related services.
- (b) (c)  and  (d)  Drugs  and  Magic  Remedies  (Objectionable Advertisements) Act, 1954 and Rules thereunder encompass the provisions for prohibition of misleading advertisements and exaggerated claims of drugs and medicinal substances including AYUSH medicines. As  per  Drugs  and  Cosmetics  Act,  1940  and  Rules  1945  and  the  Drugs  and  Magic Remedies  (Objectionable  Advertisements)  Act,  1954  the  concerned  State  Government has  the  powers  to  enforce  the  provisions  under  the  said  Act  and  Rules.Accordingly, directives have been issued to the States/UTs for appointing Officers to enter, search any premises or examine or seize any record related to the alleged misleading or improper advertisements and initiate action against the cases of default.

Ministry of AYUSH is implementing a Central Sector Scheme of Pharmacovigilance of ASU&H Drugs, which aims at inculcating the reporting culture among the consumers as well as ASU&H practitioners. Besides monitoring and reporting adverse drug reactions; the  present  pharmacovigilance  scheme  also  undertake  surveillance  and  reporting  of objectionable  or  misleading  advertisements  of  ASU&H  drugs  for  regulatory  actions.

During  the  period  from  August  2018  to  June  2021,  14876  instances  of  misleading advertisements of ASU&H drugs have been reported by the Pharmacovigilancecentres, which  were  forwarded  to  the  respective  State/UT  authorities,  media  channels  and  the manufacturers for taking prohibitive and regulatory action.

Department  of  Consumer  Affairs,  Ministry  of  Consumer  Affairs,  Food  &  Public Distribution, maintains a Grievance Against Misleading Advertisement (GAMA) portal wherein  anyone  can  register  their  complaints  pertaining  to  misleading  advertisements. Officer  from  Ministry  of  AYUSH  is  also  assigned  as  nodal  officer  for  handling  the complaints related to AYUSH products and services registered under this portal. For the period  from  April,  2015  to  January,  2018  about 809 such  complaints  pertaining  to AYUSH (including  herbal)  products  and  services  were  registered  on  the  portal.  Total Complaints which have been resolved  are  about  274 and about 585 such complaints were  forwarded by  Ministry  of  AYUSH  to  concerned  state  authority  for  taking appropriate action. The misleading advertisements received on the GAMA portal of about 268 advertisements in the year 2019-20 and 339 advertisements in the year 2020-21 have been forwarded to the respective State Licensing Authorities for taking appropriate action as per extant rules.

Further, in the year 2017-18 and 2018-19, Ministry of AYUSH in order to address the veracity of misleading advertisements with respect to ASU&H drugs had signed a MoU with  Advertising  Standards  Council  of  India  (ASCI)  for suomoto monitoring  of  such advertisements made in print and electronic media and bring complaints and defaulters to the notice of State Government for necessary action.

Media regulators have also been approached to prevent the publication of inappropriate advertisements promoting sale of Ayurvedic and other such medicines in public interest. On this account, Ministry of Information & Broadcasting issued instructions/guidelines to all media channels to abstain from publishing and telecasting such misleading advertisements,  which  are  in  contravention  of  provisions  of  the  Drugs  and  Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder.

Ministry of AYUSH issued an Advisory dated 31.08.2018 to the drug manufactures and the advertising agencies to refrain from using the name of Government Departments or Institutions in the advertisements of ASU & H Drugs. Also, Caution has been issued in November 2018 in leading newspapers for general public to not to fall prey to fake calls and  advertisements  of  ASU  &  H  Drugs.  With  the  enforcement  of  these  steps  the advertisers have corrected or withdrawn the improper advertisements.

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