Healthcare most violative sector in advertising: ASCI Annual Report

This came after the Advertising Standards Council of India (ASCI) published its annual analysis report. This sector has consistently been a concern for ASCI due to the prevalence of misleading advertisements that exploit consumer trust and vulnerability. 

Advertising of certain products is banned under various laws, for example, drugs that claim to be magic remedies or cures for certain health conditions. However, there has been a blatant disregard for rules in this sector. The second biggest category of ads reported for direct violation of the law was the Drugs and Magic Remedies sector. Out of 1,249 ads from 239 advertisers reported to the Ministry of AYUSH, 91% violated clause 3(b) of the DMR Act, which prohibits ads that claim to enhance sexual prowess or treat specified diseases and disorders.  

The report mentioned, “In an era where healthcare choices are abundant and information is readily accessible, it is crucial to acknowledge the potential harm caused by misleading ads that abuse the trust of consumers and take advantage of their vulnerability. ASCI looked at a total of 1575 ads out of which 99% required modification.”

Of these, 1,249 ads were processed for violating the Drugs and Magic Remedies Act (DMR Act). Of the remaining 326 ads, 190 were from clinics, hospitals, and wellness centers making exaggerated claims about their services and treatments for chronic conditions. Additionally, 129 ads from pharmaceutical companies made unverified claims about prevention, cure, superior quality, and leadership, while 7 ads were related to medical supplies and health apps.

The DMR Act prohibits the advertisement of certain drugs for the treatment of certain diseases and disorders. Ads that featuring drugs that suggest or are intended to encourage the use of drugs for maintenance or enhancement of a person's ability for sexual pleasure, or for the treatment of illnesses and ailments (under whatever name they may be called) claiming to prevent or cure 56 diseases as mentioned in the list are prevented under the Act.

“Despite the presence of the DMR Act, there continues to be a proliferation of advertisers promoting medicines/ayurvedic products, claiming the cure and treatment of these ailments. These advertisements misuse the trust of vulnerable consumers and could be detrimental to their health,” mentioned the report.

The report further stated that 91% of ads violated the Celebrity Guidelines and among those, healthcare contributes 9% of the total. As far as BabyCare products are concerned, misleading ads could harm the parents’ trust and the baby’s health. For the first time, Babycare has made it to the top 10 violators list owing to influencers promoting products and services without disclosing material connections. 81% of the 91 ads processed were from influencer promotions without a disclosure. 99% of these ads required modification and 76 % were not contested by the advertisers.

The ASCI report highlights the ongoing challenge of regulating misleading healthcare advertisements and the need for stricter enforcement to protect consumers from deceptive claims.