Despite the existence of decades old Drugs & Magic Remedies (Objectionable Advertisement) Act and also the Code of Ethics brought out by the Drug Controller General of India recently, the objectionable and unethical drug advertisements are on the rise in the country. Though the Ministry of Information and Broadcasting and Ministry of Health are passing on the responsibility to each other, senior officials and industry sources admit that unless there is an effective advertisement review committee set up for clearing and monitoring of drug advertisements, both these laws will remain incompetent to check misleading ad campaigns of drugs and unethical medical services and products.
Moreover, the DMR Act, which was framed in 1954 at a time when there were hardly any print and visual media existed, has not been subjected to effective amends so far except few additions of diseases. Due to this, the state and central drug control departments have even admitted their limitations to take action against drug manufacturers and marketing sponsors who are using visual as well as print media for unethical promotion of drug products and clinical services with false and unsubstantiated claims.
According to the rules of DMR (Objectionable Advertisement) Act of India, the advertisements of drugs for 51 diseases should not be advertised in newspapers or pamphlets for public campaigning. Although the television as well as public hoardings and posters are currently few of the very important and popular advertising media today in the country, the government has not made any amendments in the Act in this regard.
It may be mentioned that, in a recent public interest litigation filed at the Aurngabad High Court Bench, against drug advertisements, neither the Ministry of Information and Broadcasting nor the Health Ministry could furnish any substantial defense. However, the advertisers had to withdraw the television campaign for certain drug brands following an interim order by the Court.
The Aurangabad High Court bench, which admitted the PIL filed by a law student last year against bout objectionable advertisements of drug brands like Benadryl, Glycodin etc by pharmaceutical majors in the Doordarshan and other private channels, has asked explanation from the Ministry of Information and Broadcasting and also from Ministry of Health.
It may be recalled that though the last amendment effected in the DMR Act by the government of India was in 2000 which add two more diseases; Asthma and Aids, in the prohibition list, the definition advertisement, the most crucial part of the Act remained unchanged.