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Source: The post misleading medical advertising has been created, based on the article “Strong medicine: Patanjali ad ban is the right remedy” published in “ Business Standard” on 1st March 2024.
UPSC Syllabus Topic: GS Paper2-governance- Issues relating to development and management of Social Sector/Services relating to Health.
News: The Supreme Court of India has stopped Patanjali Ayurved from advertising its products due to misleading claims. The company’s leaders, Baba Ramdev and Acharya Balkrishna, received contempt notices for ignoring previous warnings. Misleading Medical Advertising
What is the impact of misleading medical advertising?
Public Misinformation: Misleading medical ads, like Patanjali’s claims against allopathic medicine, spread misinformation. This can lead to public mistrust in scientifically proven treatments.
Risk to Health: People believing in untested herbal remedies, as promoted by Patanjali, might ignore effective medical treatments. This poses a significant health risk.
Economic Impact: Vulnerable populations, especially those struggling with medical expenses, might opt for cheaper, unproven alternatives, potentially wasting money and risking health.
Regulatory Challenges: The case highlights gaps in regulation. For instance, ayurvedic products don’t need pre-approval for advertising, unlike allopathic medicines, allowing such misleading claims to be made.
What are the legal provisions to counter misleading medical advertising?
Drugs and Other Magical Remedies Act (DOMA), 1954: This act prohibits misleading ads in medicine. Violations can lead to six months in jail or a fine, with harsher penalties for repeat offenses.
Consumer Protection Act, 2019: Under this act, misleading ads can result in up to two years in prison and a fine of up to 10 lakh rupees. Repeat offenses attract up to five years’ imprisonment and a higher fine.
For more information on Consumer Protection Act, 2019 read here
What should be done?
Stricter Regulation: Implement tougher rules for advertising both ayurvedic and over-the-counter allopathic drugs to prevent misleading claims.
Closing Legal Loopholes: Address gaps in current laws, like DOMA not recognizing a list of OTC drugs, to reduce the risk of misleading ads.
Government Oversight: Increase government intervention in monitoring and regulating medical advertisements, as exemplified by the Supreme Court criticizing the government’s inaction in the Patanjali case.
Public Awareness: Enhance public education about scientifically proven treatments to combat the influence of misleading advertisements.
Question for practice
Discuss the impact of misleading medical advertising and the legal provisions to counter it, as well as suggested measures to address the issue.
