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GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH AND FAMILYWELFARE
LOK SABHA
UNSTARREDQUESTION NO. 2095
TOBE ANSWERED ON 31ST JULY,2026
DRUGS AND MAGIC REMEDIES ACT1954
2095.THIRU DR. SJAGATHRATCHAKAN:
Will the Ministerof HEALTH AND FAMILYWELFAREbe pleasedtostate:
(a) the action taken by the Government regarding compliance of Big Tech platforms and
digital intermediaries with the Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954;
(b) the initiatives undertaken by the Government to prevent circulation of misleading
advertisements relating to therapeutic, medical and health-related claims across online
platforms;
(c) the arrangements put in place by the Government for monitoring, investigation and
enforcement of provisions of the Drugs andMagic Remedies(Objectionable Advertisements)
Act, 1954inthe digitalecosystem;
(d) the measures implemented by the Government to strengthen accountability, transparency
and responsible advertising practices among online service providers and advertisers in the
country; and
(e) the progress achieved by the Government and further initiatives proposed for protecting
citizens from harmful, deceptive and unsubstantiated claims relating to health and medical
treatmentsinthe country?
ANSWER
THE MINISTER OFSTATE IN THE MINISTRYOFHEALTH AND FAMILY
WELFARE
(SMT. ANUPRIYAPATEL)
(a)to(e): Advertisements concerning drugs are regulated under the provision of Drugs
and Magic Remedies (Objectionable Advertisements) Act, 1954, which is administered by
the State Governments. The Drugs & Cosmetics Rules, 1945 were amended in 2015 and a
provision was made to the effect that no advertisement of drugs specified in Schedule H,
Schedule H1 and Schedule X (i.e. Prescription drugs) shall be made except with the previous
sanction of the Central Government.
State Licensing Authorities are empowered to take action in case of non-compliance.
As and when matter regarding misleading advertisement is received by CDSCO, the same isforwarded to the concerned State Licensing Authorities, for taking appropriate action in the
matter.
As per existing regulatory framework, all advertisements telecast on private satellite
TV channels are required to adhere to the Advertising Code prescribed under the Cable
Television Networks (Regulation) Act, 1995 and rules framed thereunder. Rule 7(5) of the
Advertising Code inter alia provides that ‘No advertisement shall contain references which
are likely to lead the public to infer that the product advertised or any of its ingredients has
some special or miraculous or super-natural property or quality, which is difficult of being
proved.’ Appropriate action is taken against the private TV channels when violation of any
provision of the Advertising Code is found. Ministry of Information & Broadcasting also
issues advisories from time to time to broadcasters for ensuring compliance to the
Advertising Code.
The Central Consumer Protection Authority (Central Authority/CCPA) has been
established under Section 10 of the Consumer Protection Act, 2019 to regulate the matters
related to violation of rights of consumers, unfair trade practices and false or misleading
advertisementsandprotect andenforce the rightsof the consumers asa class.
Central Consumer Protection Authority (CCPA), in exercise of the powers conferred
by Section 18 of the Consumer Protection Act, 2019, issued “Guidelines for Prevention of
Misleading Advertisements and Endorsements for Misleading Advertisements, 2022”. These
guidelines provide for conditions for non-misleading and valid advertisement, bait
advertisement, prohibition of surrogate advertisement, children targeted advertisement,
disclaimer in advertisement and duties of manufacturer, service provider, advertiser and
advertising agency.
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