ASCI Flags 233 Health Ads for DMR Act Violation, Reports to AYUSH Ministry

According to the ASCI Annual Complaints Report 2024–25, “233 ads were reported to the Ministry of AYUSH for potential violation of the Drugs and Magic Remedies Act, 1954 (DMR).” These ads often involved claims that directly or indirectly promoted products as possessing magical or guaranteed healing capabilities, a violation of the legal boundaries established under the DMR Act.

ASCI has noted that “these ads pertain to laws prohibiting advertising of harmful products like betting/gambling, drugs claiming magic health remedies, alcohol, and tobacco.” In line with the wider trend observed this year, “these ads are rampant online.” The misuse of digital platforms to circulate exaggerated or unsubstantiated therapeutic claims, particularly in the wellness, ayurveda, and personal care categories, remains a pressing concern for regulators.

The report highlighted that digital media continues to dominate ad violations. It stated, “94.8% ads scrutinised for potential violation appeared on the digital medium,” and further added, “68% of the ads on digital medium were sponsored ads on social media platforms.” This indicates that influencer campaigns, social media posts, and brand advertisements across online channels form the bulk of problematic health promotions, a trend demanding urgent compliance correction from stakeholders in the pharmaceutical and wellness industries.

ASCI’s data placed the healthcare sector prominently among the top violative industries. The report listed “Healthcare – 370” as the number of ads investigated under this category. Many of these advertisements were found to be misleading, with the report noting that “56% ads were found to be misleading consumers due to a lack of Honest Representations.”

Beyond health-related violations, the report revealed that ASCI escalated a total of 3,347 advertisements to appropriate government regulators for violations under various legal provisions, marking a significant increase from 2,707 such escalations in 2023–24. These include ads promoting illegal offshore betting, alcohol, and unregistered forex trading platforms, but the 233 DMR Act-related health ads stood out for their potential risk to patient safety and public trust in healthcare communication.

ASCI continues to rely on its legal mandate under Chapter 3 of the ASCI Code, which explicitly prohibits advertising of products or services banned under law. The escalation of DMR Act violations to the Ministry of AYUSH underscores a strong shift from self-regulation to formal regulatory enforcement, particularly for sectors linked to health and wellness.

Despite the rise in violations, the report offered some positive developments in terms of industry cooperation. It noted that “59% of the ads that were investigated were not contested and promptly withdrawn or modified by the advertiser.” ASCI also reported a “46% reduction in complaint turnaround time” due to better engagement and quicker response from advertisers. These improvements reflect a growing willingness among some industry players to align with ethical and legal norms.

The 2024–25 report serves as a clear call to action for companies in the pharma, AYUSH, nutraceutical, and health product segments. As ASCI strengthens its surveillance and enforcement mechanisms, companies are advised to vet all claims with scientific rigour and avoid promotional content that skirts legal or ethical boundaries.

Also Read: Health Ministry Draft To Curb Misleading Health Ads Remains in Cold Storage