Centre plans crackdown on drug ads, targets antibiotics and narcotics promotions

To curb the growing online promotion of potent antibiotics, psychotropic drugs, hormonal treatments, and spurious imported medicines, the Centre is reportedly planning a major overhaul of drug advertisement rules. According to a Livemint report, a draft proposal has been submitted to the Drugs Controller General of India (DCGI) seeking amendments to the Drugs and Cosmetics Rules, 1945, aimed at closing regulatory loopholes. The proposed rules include a ban on advertising high-risk Schedule G, H, H1 and X drugs—ranging from powerful antibiotics to narcotics--along with stricter monitoring to ensure full compliance by pharmaceutical companies. Storyboard18 could not independently verify this information.

The draft highlights the limited scope of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which restricts misleading ads but does not adequately cover high-risk drugs. During a Drugs Consultative Committee (DCC) meeting chaired by the DCGI on November 17, officials said that misleading promotions encourage consumers to self-medicate, potentially leading to misuse and health risks.

The proposed amendments are expected to apply to anyone involved in the sale or distribution of these drugs, including e-pharmacies and online marketplaces.

Legal experts told Livemint that inconsistencies between the Drugs and Magic Remedies Act (DMRA) and the Drugs and Cosmetics Act (DCA) create loopholes. Khaitan & Co’s Narsana explained that while the DCA places a blanket ban on advertising prescription--only drugs without approval—putting the onus on pharma companies--the DMRA only restricts ads claiming that drugs can cure specific medical conditions. It does not stop advertisements that indirectly promote such products. He said ill-intending players exploit DCA “blind spots” and lax enforcement of the DMRA to push harmful drugs.

On the industry side, Tata 1mg CEO Prashant Tandon stated that the platform does not advertise prescription medicines. A Netmeds spokesperson added that the company fully complies with advertising regulations.

While there is no official data on misleading drug ads, an official cited by Livemint said that regulators receive intelligence inputs and consumer complaints regularly.