Rising Misinformation But No Action: Govt's Moves On Misleading Health Ads In Limbo
court order
New Delhi: The Union Health Ministry, in a response to an RTI dated November 7, disclosed that the proposed amendments to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 have been left in limbo for over four years. The draft amendment, intended to impose stricter penalties for misleading advertisements, including those for Ayush medicines, remains unimplemented. The Ministry, in its reply, stated, "...it is still pending...no further noting is available."
The proposed amendments aim to expand the scope of the Act by including 24 additional diseases and conditions, such as claims about skin fairness, height enhancement, anti-ageing, and improved sexual performance. Stricter penalties were also proposed, increasing fines and extending jail terms for violators. The outdated penalties under the current Act, which include short imprisonment and minimal fines, were to be replaced with harsher punishments.
As per the draft, offenders could face fines of up to Rs 10 lakh and imprisonment of up to two years for the first conviction. Subsequent violations would invite fines as high as Rs 50 lakh and jail terms extending to five years.
Also Read: Drugs And Magic Remedies Act To Cover Online, Electronic Media; Have Higher Penalties
This delay in implementing the amendments follows a warning from the Supreme Court to Patanjali Ayurved and yoga guru Baba Ramdev over misleading advertisements for products like Drishti eye drops. These ads falsely claimed to cure conditions such as glaucoma, cataracts, and night blindness—claims prohibited under the current DMR Act.
Dr. K.V. Babu, an ophthalmologist and longtime critic of such practices, expressed disappointment with the government’s inaction. He highlighted the lack of progress, with file movements on the amendments stalled for over two years. Dr Babu recently filed a fresh RTI on November 4, prompted by the Supreme Court's stern warning to Patanjali, cautioning them against further violations.
Speaking to Medical Dialogues, Dr Babu said, “It is surprising that the government has been sitting over its proposed draft amendment to the DMR Act to curb misleading ads for more than four years. There is no movement of the files for the last two years."
“I wonder if the 'ease of doing business' is more important for the government than public health, even after the SC seized the matter in the Patanjali Ayurved case,” he added.
The draft amendment was initially published in February 2020, inviting stakeholder feedback, but there has been no subsequent action. Previous RTI responses from the Ministry have acknowledged the limitations of the current Act and the need for revisions. However, an RTI filed in October 2023 revealed no movement in the file since November 9, 2022. The latest RTI, submitted on November 4, 2024, received a reply two days later confirming that the status of the proposal remains "still pending."
