NEW DELHI: Five years ago, the Union Health Ministry proposed significant changes to amend the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, which aimed to take stringent action against misleading advertisements, including those of Ayush medicines.
However, an RTI has revealed that the ministry seems to have kept it in cold storage, as there has been no movement after November 2022.
The amendments to the DMR (Objectionable Advertisement) Act, 1954, proposed widening the scope of the Act by introducing 24 more diseases and disorders, including drugs for treatment for enhancing sexual performance, and fairness of skin. The act applies to all drugs, including Ayurvedic, Siddha, Unani, and Homoeopathy medicines.
Replying to an RTI filed by activist, Dr KV Babu, the Union Health Ministry on May 15 said, “As per available records, no noting has been recorded after 09/11/2022 in File No A.11035/133/2014-DFQC.”
The Kerala-based ophthalmologist said, “The draft proposal was put on the public domain in February 2020 following criticism of Parliamentary Standing Committee in 2018. Instead of 54 diseases, the scope was widened to 78 diseases and disorders and the punishment was enhanced to two years and five years, instead of six months and one year.”
“The proposed amendment has been under suspended animation for more than five years, and there is no file movement after November 2022,” he said.
He added that because of the weak DMR Act enacted in 1954, many pharma companies, both Ayurveda and modern medicines, are advertising commonly used drugs, making tall claims.
In fact, acting on Dr Babu’s RTI, the PMO also intervened in December and directed the ministry to take “appropriate action” to amend the draft DMR (Objectionable Advertisement) Act, 1954. However, the ministry is yet to take any action, as revealed by the RTI.
In 2018, the Parliamentary Standing Committee said that they “would like to strongly recommend that a definite timeline within which this new legislation will see the light of the day may be indicated and the Ministry of AYUSH should aggressively pursue the matter with the Ministry of Health and Family Welfare so that relevant provisions are incorporated in the legislation and enacted to prohibit misleading advertisements and strengthen the effective regulation of Ayush drugs.”
No file movement
RTI activist Dr KV Babu said that proposed amendment has been under suspended animation for more than five years, and there is no file movement after November 2022. He added that because of the DMR Act enacted in 1954, many pharma companies, both Ayurveda and modern medicines, are advertising commonly used drugs, making tall claims.