Measures to Combat Misleading Advertisements of Herbal and AYUSH Products

Strategies and Regulatory Actions to Ensure Truthful Marketing and Consumer Protection
Ministry of Ayush has formulated a Central Sector Scheme-Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) in the year 2021. (Unsplash)
Ministry of Ayush has formulated a Central Sector Scheme-Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) in the year 2021. (Unsplash)
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Ministry of Ayush has formulated a Central Sector Scheme-Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) in the year 2021. One of the components of this scheme is Pharmacovigilance Program for Ayurveda, Siddha, Unani & Homoeopathy Drugs (ASU & H Drugs). The program is working through a three-tier network of a National Pharmacovigilance Centre (NPvCC), Five Intermediary Pharmacovigilance Centres (IPvCs) and 99 Peripheral Pharmacovigilance Centres (PPvCs) established across the country. Through this channel of Pharmacovigilance centers objectionable/misleading advertisements are regularly reported to the respective State Licensing Authorities for contravening regulations under different rules like Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the cable television network (Regulation) Act 1995, the consumer protection Act, the Emblems and Names (Prevention of Improper Use) Act, 1950, The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, the Young Persons (Harmful Publications) Act, 1956 etc., for initiating action against the defaulters. Also, as per National Commission for Indian System of Medicine Regulations 2022 and National Commission for Homoeopathy regulations 2022, Pharmacovigilance is a mandate component for all the Ayush system of medicine.

Under the Pharmacovigilance program, a total of 38,539 misleading advertisements related to Ayush drugs have been reported to date. However, according to information from various State and Union Territory governments, no complaints have been received regarding the sale of Ayush products in the market without authentic clinical trials.

The Ministry of Ayush has also urged State Drug Licensing Authorities and State Drug Controllers to take corrective measures to prevent inappropriate advertisements in electronic and print media, including newspapers, and to take action under Section 8 (1) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

As per Section 8 (1) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, any Gazetted Officer authorized by the State Government may enter, search premises, or examine and seize any records that violate the provisions of the Act within their jurisdiction.

Implementing Preventive Measures Against Misleading Ads for AYUSH Products in Media.(Unsplash)
Implementing Preventive Measures Against Misleading Ads for AYUSH Products in Media.(Unsplash)

Regarding the effectiveness of the Government's efforts to curb these advertisements and misleading claims across the country, details are available.

i. Provision of surveillance of ASU&H drugs misleading advertisements has been kept in a Central Sector Scheme Ayush Oushadhi Gunavatta evam Uttpadan Samvardhan Yojana (AOGUSY), for safety monitoring of Ayurvedic, Siddha, Unani and Homeopathy drugs under the pharmacovigilance components. All India Institute of Ayurveda (AIIA), New Delhi under Ministry of Ayush is the National Pharmacovigilance Co-ordination Centre (NPvCC) for the implementation of the National Pharmacovigilance program for Ayurveda, Siddha, Unani & Homoeopathy drugs.

ii. Under the Pharmacovigilance Program for ASU & H Drugs component of Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) scheme, till date a total of 38539 misleading advertisements related to Ayush drugs has been reported to respective state licensing authorities for proper action against the defaulters.

iii. The Department of Consumer Affairs (DoCA) maintains the Grievances Against Misleading Advertisements (GAMA) portal, providing a platform to address instances of misleading advertisements. Further, as the regulations and enforcement for TV Channels falls under the mandate of Ministry of Information and Broadcasting (MOIB), therefore references of misleading advertisement getting broadcasted on TV channels are forwarded to MOIB for action.

iv.Till date approximately 358 brands of Ayush system have been issued the notice for exploiting various regulations. Also, the Press Council of India (PCI) is regularly taking action against the defaulter.

Details of misleading advertisements related to Ayush drugs noticed by Pharmacovigilance and reported to the SLAs in last three years are as follows:

(Input from various sources)

(Rehash/Ankur Deka/MSM)

Ministry of Ayush has formulated a Central Sector Scheme-Ayush Oushadhi Gunvatta evam Uttpadan Samvardhan Yojana (AOGUSY) in the year 2021. (Unsplash)
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