Ministry of Ayush vide Gazette notification no.- G.S.R. 360(E) dated 01.07.2024 omitted Rule 170 of the Drugs Rules, 1945 based on recommendations from the Ayurvedic, Siddha, and Unani Drugs Technical Advisory Board (ASUDTAB). Further, Hon’ble Supreme Court of India vide its order dated 27.08.2024 in W.P. (CIVIL) NO.645/2022 has stayed the notification of omission of Rule 170 of the Drugs Rules, 1945 till further orders. The Rule 170 of the Drugs Rules, 1945 is subjudice.
The steps taken by the Government to ensure consumer protection and prevent the dissemination of unverified claims by Ayush product manufacturers are as follows: –
- The Pharmacovigilance Program for Ayurvedic, Siddha, Unani and Homoeopathy (ASU & H) Drugs has been implemented under Central Sector Scheme Ayush Oushadhi Gunavatta Evam Uttpadan Samvardhan Yojana (AOGUSY), which work through a three-tier network of a National Pharmacovigilance Centre (NPvCC), Five Intermediary Pharmacovigilance Centers (IPvCs) and 97 Peripheral Pharmacovigilance Centers (PPvCs) established across the country. These centres are mandated to monitor and report misleading advertisements to the respective State Regulatory Authorities for suitable action against the defaulter. Objectives of this program is to keep vigilance over Ayush drugs and to reduce misleading advertisements to ensure the consumer protection and prevent the dissemination of unverified claims by Ayush product manufacturers.
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rules thereunder encompass the provisions for prohibition of misleading advertisements and exaggerated claims of drugs and medicinal substances including Ayush medicines, which appear in the print and electronic media and Ministry of Ayush has issued advisories and gives direction to SLAs to enforce and regulate as per the provision of this Act.
- Ministry of Ayush has issued a public notice on 08.10.2024, informing the general public about the facts regarding ASU&H drugs/medicines and urging them to avoid patronizing misleading advertisements, which was published in 100 leading newspapers across India in Hindi, English, and several regional languages.
- The Department of Consumer Affairs (DoCA) maintains the Grievances Against Misleading Advertisements (GAMA) portal, providing a platform to address instances of misleading advertisements. Further, as the regulations and enforcement for TV Channels falls under the mandate of Ministry of Information and Broadcasting (MoIB), therefore references of misleading advertisement getting broadcasted on TV channels are forwarded to MoIB for action.
- Ministry of Ayush has developed and launched an IT enabled online portal “Ayush Suraksha” for Ayush Health care professionals and general public to track the reported misleading advertisements (MLAs)/Objectionable Advertisements (OAs) and Adverse Drug Reactions (ADRs) on 30th May 2025.