Against the backdrop of several instances of violations to the Drugs and Magic Remedies (objectionable advertisement) Act in the recent past, the Health Ministry is likely to reconsider the recommendations of the Ranjit Roy Chowdhary committee which has called for effective control over advertisements of medical products.
The report by the panel headed by Dr Ranjit, emeritus scientist at the National Institute of Immunology, has been pending with the ministry for sometime now. “The government is yet to take a decision on the recommendations of the panel yet,” sources said, adding that the health ministry will have a re-look into the report to make the Act more stringent.
The expert committee was set up way back in 2000 to review the provisions of the Act to make it more responsive to the present day needs and to exercise control over advertisements of medical products. The panel submitted its report in 2007. Among the various recommendations, the panel has called for expanding the ambit of the Act to cover new media like internet and TV as the original act was governing only the print advertisements. It also called for enhancing the penalties on the defaulters.
Though the government then announced that the Act would be amended, no measures have been taken yet in this regard. Now in view of the increasing violations in the recent past, the health ministry is reviving the related files, it is leant.
According to the panel, ‘treatment’ may be brought within the scope of the Act, by incorporating suitable changes in the preamble of the Act. “Definition of 'treatment’ may be incorporated under Section 2 of the Act. Definition of ‘advertisement’ may be amended to specifically cover advertisement through the electronic media. Definition of ‘Registered Medical Practitioner’ may be simplified. The advertisements in which claims to offer treatment or cure for diseases specified in the Schedule to Act/Rules, may be prohibited,” as per the report.
The quantum of punishment may be enhanced and minimum sentence and fine that may be imposed by the court may be prescribed. A new section which casts statutory obligation on every person taking part in publication of advertisement to furnish information to the authorized officers in respect of the same may be inserted. The authorized officers may be made liable for vexatious action by inserting Section 10A, the committee said.
The expert panel also suggested that the present schedule may be deleted and a revised list of diseases, disorders and conditions, in line with ‘Schedule J’ to the Drugs and Cosmetics Rules, 1945 to be brought under the Rules framed under DMR (OA) Act.