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Union Health Ministry to Amend Long-Pending Drugs and Magic Remedies Act

The Union Health Ministry is reportedly considering taking action to amend the long-pending Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. The move follows directions from the Prime Minister’s Office (PMO) after an RTI was filed by Dr K V Babu, a Kerala-based ophthalmologist, who raised concerns about the Act being kept in cold storage since February 3, 2020. The proposed amendment aims to address misleading advertisements, including those related to Ayush medicines.

The health ministry’s response to the PMO, received on January 16, stated that “action on the issue will be initiated at the appropriate time.” The proposed Drugs and Magic Remedies Act was formulated in response to criticism from the Parliamentary Standing Committee on Health in March 2018 regarding the lack of stringent laws against misleading advertisements for Ayush drugs. The proposed amendments in 2020 aimed to include 24 additional diseases and disorders, such as remedies for enhancing sexual performance, skin fairness, height improvement, and premature aging. The amendments also sought to increase penalties, including imprisonment from six months to five years and fines ranging from Rs. 5 lakh to Rs. 50 lakh for first, second, and subsequent violations.

Dr. K V Babu, who had filed an RTI on the issue in November 2022, expressed optimism about the potential positive development following PMO intervention. The proposed amendment is expected to strengthen the Drugs and Magic Remedies Act, but its implementation has been delayed for several years, prompting the recent intervention. Babu hopes that the amendment will be enacted soon to address concerns related to misleading advertisements for Ayush medicines.

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