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Efforts to modify the law addressing deceptive advertisements currently on hold

The Union Health Ministry has, according to an RTI reply, decided to shelve its proposal to amend the Drugs and Magic Remedies (Objectionable Advertisement) Act, which was originally intended to crack down on deceptive advertisements, including those promoting Ayush medicines. The proposal for amendments to this Act, which dates back to February 3, 2020, aimed to strengthen regulations against advertisements claiming magical properties for remedies and treatments. The Act covers advertisements for various types of medicines, including Ayurvedic, Siddha, Homeopathy, and Unani.

Among the proposed changes was an expansion of the law’s scope to encompass advertisements related to 24 additional diseases and disorders. These include advertisements for products claiming to enhance sexual performance, improve skin fairness, increase height, and combat premature aging. However, in response to an RTI query initiated by Dr. KV Babu, an ophthalmologist from Kerala, who sought information about the status of these proposed amendments, the Health Ministry transferred the query to the Central Drugs Standard Control Organization (CDSCO). The CDSCO, in its October 4 response, stated that it lacked any further details regarding the draft proposal, which had been open for public comment.

The Ministry of Health and Family Welfare had originally proposed these amendments to modernize the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, and address concerns about its effectiveness. This move sought to align the legislation with evolving times and technological advancements. The RTI response strongly suggests that the proposal has been put on hold, a development that Dr. Babu highlighted as indicative of the proposal being set aside for the time being.

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