Lok Sabha Question No. 918 (UNSTARRED), answered on 2025-02-07
Subject: Misleading Advertisements on Curing COVID and Related Ailments
Ministry: AYUSH
Asked by: Shri Sudama Prasad

## GOVERNMENT OF INDIA MINISTRY OF AYUSH

## LOK SABHA UNSTARRED QUESTION NO. 918 TO BE ANSWERED ON 07 th  FEBRUARY 2025

'Misleading Advertisements on Curing COVID and Related Ailments'

## 918. Shri Sudama Prasad:

Will the Minister of AYUSH be pleased to state:

- (a)  whether  any  action  has  been  taken  by  the  Government  against  Patanjali  Ayurved  Ltd.  for misleading  advertisements  on  curing  COVID  and  related  ailments  after  the  Hon'ble  Supreme Court observed in its judgement that their advertisements were a deliberate and willful violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 and its Rule;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c)  whether  the  Government  has  formed  any  specific  guidelines  to  address  the  malaise  of misleading  advertisements  by  companies  and  if  so,  the  details  thereof  and  if  not,  the  reasons therefor; and
- (d) the details of such companies which have been penalised for fraudulent advertisements and also  the  number  of  companies  whose  licences  have  been  cancelled  for  defrauding  the  people according  to  the  Drugs  and  Magic  Remedies  (Objectionable  Advertisements)  Act  of  1954, company-wise?

## ANSWER THE MINISTER OF STATE (IC) OF THE MINISTRY OF AYUSH (SHRI PRATAPRAO JADHAV)

(a) and (b) Yes sir, the Drugs and Cosmetics Act, 1940 and the Rules made thereunder state that enforcement of the legal provisions pertaining to Quality Control and issuance of drug license of

Ayurveda, Siddha, Unani and Homoeopathic drugs, are vested with the State Drug Controllers/ State Licensing Authorities appointed by the concerned State/ Union Territory Government.

State/UT  Governments  are  also  empowered  to  enforce  the  provisions  of  Drugs  &  Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules made there under and Gazetted officers  have  been  notified  under  section  (8)  of  Drugs  &  Magic  Remedies  (Objectionable Advertisements) Act, 1954 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.

As  per the information received from State Licensing Authority, Uttarakhand, a Case (5739/2024)  has  been  filed  as  per  section  10  of  Drugs  &  Magic  Remedies  (Objectionable Advertisements) Act, 1954 and Rules made there under, in Hon'ble CJM Court Haridwar against M/s Patanjali Pharmacy & M/s Divya Pharmacy.

(c) Yes sir, Ministry of Ayush implemented a Pharmacovigilance Program for ASU & H Drugs as a component of Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) scheme under its Central Sector Scheme. The pharmacovigilance program is working through a three-tier  network  of  a  National  Pharmacovigilance  Centre  (NPvCC),  Five  Intermediary Pharmacovigilance  Centre's  (IPvCs)  and  99  Peripheral  Pharmacovigilance  Centres  (PPvCs) established across the country. These centres are mandated to monitor and report the misleading advertisements  to  the  respective  State  Regulatory  Authorities  for  suitable  action  against  the defaulter.

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,  which  appear  in  the  print  and electronic  media  and  Ministry  of  Ayush  has  issued  advisories  and  gives  direction  to  SLAs  to enforce and regulate as per the provision of this Act.

Section  (3)  of  Drugs  &  Magic  Remedies  (Objectionable  Advertisements)  Act,  1954  prohibits advertisements of certain drugs for treatment of 54 diseases and disorders, including diabetes, Obesity, Cancer. These diseases fall under the prohibited schedule of the act, which explicitly

forbids companies from promoting or marketing drugs as cure for these conditions. Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the  diagnosis,  cure,  mitigation,  treatment  or  prevention  of  any  disease,  disorder  or  condition specified  in  the  Schedule,  or  any  other  disease,  disorder  or  condition  (by  whatsoever  name called) which may be specified in the rules made under this Act.

Further,  Ministry  of  Ayush  issued  an  Advisory  dated  08.04.2024  and  directed  to  all  State/UT Ayush Drug Licensing Authorities, all Ayush drug manufacturers/associations, and the National Pharmacovigilance Coordination Centre regarding 'Compliance to the labelling provisions for Ayurveda, Siddha, Unani and Homoeopathy (ASU&H) drugs/medicines'.

Additionally, the Ministry of Ayush issued a Public Notice regarding misleading advertisements, which was published on 08.10.2024 in 100 leading newspapers across India, in Hindi, English, and several regional languages.

(d)  As  per  the  information  received  from  states/UTs  governments,  the  details  of  companies which  have  been  penalised  for  fraudulent  advertisements  according  to  the  Drugs  and  Magic Remedies (Objectionable Advertisements) Act, 1954 are attached at Annexure-I.

*****

## As per the information received from states/UTs governments-

## (A) The details of companies whose licences have been cancelled for fraudulent advertisements according to the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 are as follows:

|    | ANDHRA PRADESH                                                                      |
|----|-------------------------------------------------------------------------------------|
|  1 | Mojas Herbals, at D. No: 76-97-P-763. Weaker section colony, Kurnool Andhra Pradesh |
|  2 | M/s Vaidya Rushi Ayurvedics at Kurnool. Andhra Pradesh                              |

## (B)  The details of companies which have been penalised for deceiving the public under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 are as follows:

|   KERALA | KERALA                                                                                                                                                                              |
|----------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | M/s Urjah Plus Biosciences Pvt Ltd, Door No.32/1572/43, Opposite EMC, NH Bypass,Palarivattom, Kochi, Ernakulum                                                                      |
|        2 | M/s Kunnath Pharmaceuticals, GCDA Complex, Marine Drive, Ernakulum                                                                                                                  |
|        3 | 1. M/s Herbocare, Podikulangara, Varode, Kottayi. P. P, Palakkad-678572 P. Chandrakala, Palackal House, P. O, Palakkad. 2. M/s Manipal Advertising company, Palarivattom, Ernakulum |
|        4 | M/s Pandava Ayur Remedies, V/121, Annamananda, P.O., Thrissur, C.R. Dharmajan, Chillikkattil House, Alathur P.O, Thrissur                                                           |
|        5 | 1. M/s K-Link Health Care India Pvt. Ltd., Palarivattom, Kochi 2. M/s Welex Laboratories Pvt. Ltd, Maharashtra                                                                      |
|        6 | M/s Orthocare Products Private Limited, Keezhillam, Ernakulum                                                                                                                       |
|        7 | M/s Krishna Ayurveda Pharmacy, Door No. K.P.0/689-A, Kolachery, P.O, Kannur- 670601                                                                                                 |
|        8 | M/s Institute of Indian Therapies, Annamanada, Thrissur                                                                                                                             |
|        9 | M/s Santhosh Pharmacy, Kadalundy, Malappuram                                                                                                                                        |
|       10 | M/s N P Ayurveda Research Laboratories, Maranadu, Ezhukone, Kollam                                                                                                                  |
|       11 | M/s Francis Vaidyans Ayurveda vaidyasala (p) Ltd. Mala, Thrissur-680734                                                                                                             |

|   12. | M/s Marutha Pharma, Kudappanakunnu, Thiruvananthapuram                      |
|-------|-----------------------------------------------------------------------------|
|    13 | M/s N.P Ayurveda Research Laboratories , Maranadu, P.O Ezhukone, Kollam     |
|    14 | Seerguru Ayurvedic Production centre, mavelikkara, alapuzha                 |
|    15 | Avadynam Herbals Pvt. Ltd., Plot no: 17,18, TVMP                            |
|    16 | Ayur research centre, Illikkapadi, Eroor P.O, Thiruvananthapuram, Ernakulum |
|    17 | Mediwing Pharmaceuticals pvt. Ltd., 48/2488-B, COCHIN                       |
|    18 | Phytomed research foundation , III/IV, Ernakulum                            |
|    19 | Shankar Pharmacy Ernakulum                                                  |
|    20 | Devi Distributions ( Madhava Pharmaceuticals Laboratories)                  |

## (C)    The  details  of  companies  against  which  court  cases  have  been  filed  for  fraudulent advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 are as follows:

| GUJARAT        | GUJARAT                                                                                             | GUJARAT                                                                                             |
|----------------|-----------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------|
| 1.             | Sunshine Healthcare, Surat - Bea DIABO TABLET &OTHERS                                               | Sunshine Healthcare, Surat - Bea DIABO TABLET &OTHERS                                               |
| 2.             | Sunshine Healthcare, Surat- AROGYA JIVAN PRODUCTS                                                   | Sunshine Healthcare, Surat- AROGYA JIVAN PRODUCTS                                                   |
| 3.             | Sunshine Healthcare, Surat- Prakruti shreni Ayurvedic                                               | Sunshine Healthcare, Surat- Prakruti shreni Ayurvedic                                               |
| 4.             | Ayushman bhav Ayurveda, Surat- Ayushman bhav Ayurveda product                                       | Ayushman bhav Ayurveda, Surat- Ayushman bhav Ayurveda product                                       |
| 5.             | Sunshine Healthcare, Surat- All products                                                            | Sunshine Healthcare, Surat- All products                                                            |
| 6.             | Dushyantam Ayurvedic Store, Surat- HC+ Hair Oil &other product for weight loss, Gas, Acidity, Piles | Dushyantam Ayurvedic Store, Surat- HC+ Hair Oil &other product for weight loss, Gas, Acidity, Piles |
| 7.             | Nirali Ayurvedic, Surat- Nirali Swadwshi Churna                                                     | Nirali Ayurvedic, Surat- Nirali Swadwshi Churna                                                     |
| 8.             | OMGREEN HERBAL PRODUCT- OMGREEN HERBAL, SURAT                                                       | OMGREEN HERBAL PRODUCT- OMGREEN HERBAL, SURAT                                                       |
| MADHYA PRADESH | MADHYA PRADESH                                                                                      | MADHYA PRADESH                                                                                      |
| 1.             | 1.                                                                                                  | Divisa herbal Pvt Ltd.                                                                              |

## (D)  The  details  of  companies  that  have  been  issued  notices/Show  cause  notice  for fraudulent advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 are as follows:

|   UTTARAKHAND | UTTARAKHAND                                                                                                                                                                               |
|---------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|             1 | M/s DeltaZ Pharma India Private Limited, F-52, Industrial Area, Haridwar.                                                                                                                 |
|             2 | M/s Indo Herbal Products, Plot No. 29, Sector 01B, IIED, SIDCUL, Haridwar                                                                                                                 |
|             3 | M/s Swadeshi Ayurvedic Pharmacy, Imlikheda, Haridwar.                                                                                                                                     |
|             4 | M/s Indian Medicine Pharmaceuticals Corporation Ltd., Mohan, Almora.                                                                                                                      |
|             5 | M/s Desh Rakshak Aushdhalay Limited, Khasra No. 308/1, 308/2, 309, 310/1, 310/2, 311, 312, Laksar Road, Village Bhogpur, Haridwar                                                         |
|             6 | M/s Divya Yog Pharmacy, A-1, Industrial Area, Haridwar.                                                                                                                                   |
|             7 | M/s Divya Pharmacy Unit-2, Khasra No. 210, 211, Patanjali Food &Herbal Park, Laksar Road, Padhar, Haridwar.                                                                               |
|             8 | M/s Patanjali Ayurved Ltd., Unit-3, Padhar, Laksar Road, Haridwar.                                                                                                                        |
|             9 | M/s Chaturbhuj Pharmaceuticals Company, Dahi Mandi, Daulatganj, Gwalior, M.P. by M/s Vyas Pharmaceuticals, Plot No. 77, Sector 6A, SIDCUL, Haridwar.                                      |
|            10 | M/s Multani Pharmaceuticals Ltd., Khasra No. 37, Village Makkhanpur, Bhagwanpur, Roorkee, Haridwar.                                                                                       |
|            11 | M/s La-Grande Herbs &Pharma Ltd., Plot No. 13, Sector 6B, SIDCUL, Industrial Area, IIED, Ranipur, Haridwar.                                                                               |
|            12 | M/s Dharmadarshan Trividya Anusandhan Kendra Pvt. Ltd., Village Kaknawa, PO Thano, District Dehradun by M/s Paras Dukh Bhanjan Ayurved Ashram, Kheri No. 2, Doiwala, Dehradun.            |
|            13 | M/s Syncom Healthcare Ltd., D-42, Area Selakui, Dehradun.                                                                                                                                 |
|            14 | M/s Sanjeevani Ayurved Ashram, Vaishali, Ghaziabad, Uttar Pradesh by M/s Ruchi Soya Industries Ltd., Khasra No. 92, 93, Village Makkhanpur, Dehradun Road, Bhagwanpur, Roorkee, Haridwar. |
|            15 | M/s Emami Pharmaceuticals Works, Plot No. 40-41, Sector 5, Pantnagar Industrial Area, Udham Singh Nagar.                                                                                  |
|            16 | M/s B.C. Hasaram &Sons, Upper Road, Haridwar.                                                                                                                                             |
|            17 | M/s Arogya Formulation Pvt. Ltd., 76, Sector-6A, SIDCUL, Haridwar.                                                                                                                        |

| GUJARAT        | GUJARAT                                                                                                               |
|----------------|-----------------------------------------------------------------------------------------------------------------------|
| 1.             | Sheth brothers - Kayam churna                                                                                         |
| 2.             | Emami Pvt Ltd- Zandu Pancharista                                                                                      |
| 3.             | Vasu Healthcare, Vadodara- Suvarna prashan, kumkumadi oil, sugar scrub enriched with kumkumadi oil, facial beauty oil |
| 4.             | Amar Ayurveda, Surat- Amarvira powder Diabetes special                                                                |
| 5.             | S B Biotech- Arshit brand products                                                                                    |
| 6.             | Vivvan herbals, Ahmedabad- Vivvan herbals products                                                                    |
| 7.             | Shree Shankar Ayurvedic pharmacy products- Shree Shankar ayurvedic pharmacy. Ahmedabad                                |
| 8.             | Shreejee remedies products - Shreejee remedies, Ahmedabad                                                             |
| ANDHRA PRADESH | ANDHRA PRADESH                                                                                                        |
| 1.             | Sri Manjunadla Ayurveda Pvt Ltd. Racherla, Prakasam District, MFG &GMPLicense No. R-1936/Ayur                         |
| 2.             | Ayurveda Vanamulika Vaidyam, Gunipudi, Bheemavaram W.G District                                                       |
| 3.             | Herbo World, Ramakrishnapuram, Vijayawada, NTR District                                                               |
| 4.             | Jaguar Fat to Fit, Bandar Road, Vijayawada                                                                            |
| 5.             | Anuvamsika Mulika Vaidyulu Ayurveda Product, Nandikotkur, Kurnool District                                            |
| 6.             | Nageswara Rao Ayurvedic Hospital, Racherla, Prakasam District                                                         |
| 7.             | Pakshavatha Nivarana Vaidya Kendram, Banaganapalli, Nandyala District                                                 |
| 8.             | Sanjeevani Ayurvedic Vanamulika Vaidyam Herbal Product, Banaganapali, Nandyal District                                |