Recently, the Supreme Court expanded the scope of the misleading ads case against Patanjali Ayurveda to include the promotion of fast moving consumer goods as well.
- The judges observed that FMCG/pharma companies who have been issuing misleading advertisements adversely affecting the health and well-being of babies, young children, women etc.
Regulations of AYUSH products
- Rule 170 of the Drugs and Cosmetics Rules, 1945 empowers the State licensing authorities to take pre-emptive steps against misleading ads of AYUSH products. Rule 170 was introduced by the Centre in December 2018.
- According to the Drugs and Magic Remedies (Objectionable Advertisements Act) 1954, promoting any medicine (AYUSH or allopathy) that claims to cure cancer, heart disease, hypertension, among 50 other ailments, is not allowed.
- Under Chapter IV A of the Drugs and Cosmetics Act (DCA) 1940, classical ayurveda, siddha and unani medicines made in accordance with the ancient texts listed under the DCA do not have to go through clinical trials.
- But proprietary AYUSH medicines, where the producers make their own combinations, cannot avoid such trials. These ‘medicines’ often come with outlandish outlandish claims.
- The Food Safety and Standards Authority of India (FSSAI) is tasked with monitoring misselling of food products. While the FSSAI is reputed to conduct rigorous tests and often tones down the ‘ad line’, there are products that slip through the cracks.
