Aftermath of Patanjali controversy; Ayush Ministry issues advisory against misleading ads

Delhi: Following a Supreme Court directive requiring Patanjali to issue a public apology for misleading advertisements, the Ministry of Ayush has issued a stern warning to manufacturers of ayurvedic, siddha, unani, and homoeopathic products. The warning mandates strict compliance with advertising and labelling regulations to avoid potential legal consequences.

According to media reports, the ministry's caution comes in response to prevalent advertisements by traditional drugmakers that make dubious claims such as being “100% safe,” offering a “guaranteed treatment,” or promising a “permanent cure.” These claims are now under close scrutiny.

The ministry has highlighted several instances of misinformation, including unauthorised use of a “green logo” to imply vegetarian status and false claims of approval or certification by the ministry. 

In an advisory, the ministry clarified its role, stating it does not grant manufacturing licences or approvals to any Ayush drug or product. Future misuse of such claims in labelling or advertising will lead to legal action against the manufacturers involved.

Media reports further indicate that claims suggesting Ayush products are devoid of side effects, or have nutraceutical benefits, are misleading. The ministry explained that a licence issued by a state drug licensing authority should not be misconstrued as an endorsement by the Ministry of Ayush. It merely permits the manufacture or sale of a drug or product based on compliance with the Drugs and Cosmetics Act, 1940.

The advisory, distributed to all state Ayush drug licensing authorities and related manufacturers and associations, also involves the National Pharmacovigilance Coordination Centre. 

This centre is tasked with monitoring drug safety profiles and issuing alerts about new side effects. It has been instructed to report any false claims of ministry approval or certification to the relevant state licensing authority and to the Ministry of Ayush.

Additionally, the advisory covers the legal framework governing the advertising and labelling of Ayush drugs. It references several laws, including the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Consumer Protection Act, 2019, the Cable Television Networks Act, 1995, and the Emblems and Names (Prevention of Improper Use) Act, 1950. These regulations collectively aim to control misleading advertisements and ensure accurate public communication concerning Ayush products.