SC plea urges Centre to update drugs and magic remedies act amid misleading ads
The petition also seeks inclusion of AYUSH doctors under Section 2(cc) of the Act as 'registered medical practitioners', arguing that the existing law fails to recognise qualified non-allopathic practitioners
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Amid a surge in misleading advertisements related to drugs and medical remedies, a plea has been filed in the Supreme Court seeking directions to the Centre to constitute an expert committee to review and update the schedule of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, in line with present-day scientific developments.
The petition also seeks inclusion of AYUSH doctors under Section 2(cc) of the Act as “registered medical practitioners”, arguing that the existing law fails to recognise qualified non-allopathic practitioners.
The 1954 Act empowers authorities to regulate the advertisement of drugs and prohibits promotions claiming “magic” cures for certain diseases and conditions. Section 3(d) of the Act imposes a complete ban on advertisements related to specified ailments.
According to the petitioner, Nitin Upadhyaya, the law was enacted to protect the public from false and misleading medical advertisements. However, he argued that the blanket prohibition under Section 3(d) does not distinguish between deceptive claims and truthful, scientifically validated information.
The plea contended that AYUSH doctors and other non-allopathic registered medical practitioners are excluded from the exceptions provided under Section 14 of the Act. This, it said, effectively prevents them from advertising the availability of treatments for serious ailments, resulting in widespread public ignorance about legitimate medicines.
Filed through advocate Ashwani Kumar Dubey, the petition argued that the sweeping ban under the Act disproportionately restricts the public’s right to access information relating to the diagnosis, prevention, mitigation, cure and treatment of life-threatening and chronic diseases.
The plea further maintained that advertisements concerning drugs and remedies, when truthful, scientifically backed and non-deceptive, amount to legitimate dissemination of information to consumers and patients, and should not be curtailed by what it described as an “archaic” law.
It has sought a direction to the Centre to constitute an expert committee to review, revise and update the schedule of the DMR Act to reflect contemporary medical science and regulatory realities.
