Orthoherb oil, tablet under scanner for repeated violations of drug law 

The rule mandates that the manufacturer must apply for separate approval for different advertisements.
Orthoherb Tablet. Image used fro representational purpose (Photo | Amazon.in)
Orthoherb Tablet. Image used fro representational purpose (Photo | Amazon.in)

THIRUVANANTHAPURAM:  The Drugs Control Department has pulled up Pankajakasturi Herbals (Pvt) Ltd for repeated violations of drug law in promoting Orthoherb Oil and Orthoherb Tablet. The deputy drugs controller (ayurveda) sent a show-cause notice for not cancelling the licence given to manufacture these products, on February 22. 

The company has been given 15 days’ time to respond, failing which the drug controller warned of cancelling the licence without prior notice. The action was taken on the basis of a petition filed by Kannur-based health activist, Dr Babu K V.  

According to the reply to an RTI application, the drug regulator found that the ayurveda manufacturer did not seek permission before advertising its products, under rule 170 (2) of the Drugs and Cosmetic Act 1940. The rule mandates that the manufacturer must apply for separate approval for different advertisements. The show-cause notice was issued after the drug regulator found the response given by the manufacturer on December 20 unsatisfactory.

According to Dr Babu, the manufacturer violated various laws under the Drugs and Cosmetic Act 1940, Drugs and Magic Remedies (Objectionable advertisement) Act 1954, and the Consumer Protection Act, 2019.

Section 3(d) of DMR(OA) 1954 prohibits the advertisement of certain drugs for treatment of certain diseases and disorders. Orthoherb claims to cure rheumatism which is number 43 as per the scheduled drugs under the section, said Dr Babu. Under Section 170 of the Drugs and Cosmetic Act, the manufacturer should seek the approval of the drug licensing authority before advertising products in Ayurveda, Siddha and Unani. 

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