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New Delhi, May 22, 2025:
Five years after the Union Health Ministry introduced a draft amendment to strengthen the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, the proposal remains in limbo, with no progress reported since November 2022. This was revealed in a recent Right to Information (RTI) response, raising concerns about the continued proliferation of misleading health advertisements across India.
Background: The Need for Stricter Regulation
The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954, was enacted to curb advertisements making exaggerated or false claims about drugs and therapies, including those touting “magical” cures. The law currently prescribes up to six months’ imprisonment or a fine for first-time offenders, with repeat violations attracting up to a year in jail. If a company is found guilty, all its members may be held liable.
However, critics have long argued that the penalties are outdated and insufficient to deter violators, especially as misleading ads for everything from skin fairness to sexual performance continue to flood both traditional and digital media.
The 2020 Draft Amendment: What Was Proposed?
In February 2020, the Health Ministry put forth a draft amendment to the 1954 Act, seeking public feedback. Key proposals included:
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Expansion of Scope: The draft aimed to cover 24 additional diseases and conditions, including claims related to height increase, anti-ageing, and more.
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Stricter Penalties: The amendment proposed raising fines up to ₹10 lakh and increasing jail terms to two years for the first conviction. Repeat offenders could face fines as high as ₹50 lakh and up to five years in jail.
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Inclusion of Digital Media: The draft sought to bring online and electronic media under the law’s ambit.
Status Update: No Progress Since 2022
Kerala-based health activist Dr. KV Babu, who filed the RTI, sought clarity on the status of the amendment. The Health Ministry’s Drugs Regulation Section responded on May 15, 2025, stating, “As per available records, no noting has been recorded after 09/11/2022 in File No A.11035/133/2014-DFQC.” Previous RTI responses in 2023 and 2024 also indicated no movement on the file.
Dr. Babu expressed disappointment over the prolonged delay, stating, “Because of the weak DMR Act enacted in 1954, many pharma companies, both ayurveda and modern medicine, are advertising about commonly used drugs, making tall claims. It necessitates the need of a stringent law to control such advertisements. It is very disappointing that the government is sitting over the draft law for more than 5 years.”
The Consequences: Misinformation and Public Risk
The lack of action has allowed misleading health advertisements to persist, posing risks to public health and consumer rights. Despite repeated calls for reform from medical professionals and public health advocates, the government has yet to move the draft forward.
Looking Ahead
As misinformation in health advertising continues to rise, stakeholders hope for renewed attention to the stalled amendment. Stronger regulations and enforcement are widely seen as crucial for protecting consumers and upholding ethical standards in healthcare promotion.
Disclaimer:
This article is based on information available as of May 22, 2025, including details from a Medical Dialogues report and official RTI responses. The situation may evolve, and readers are encouraged to consult official government sources for the most current information. The article is for informational purposes only and does not constitute legal or medical advice.
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