While there is no official data to show a surge in drug advertising, the government gets such inputs via complaints
based on regulatory intelligence and monitoring, the official cited earlier said. A second official added that such advertisement sen courage consumers to do self-medication.
The proposed amendmentis broadly targeted at any person or licensee involved in the sale or distribution of the specified high-risk drugs. This means all entities-from online market placesand e-commerce giants to licensed e-pharmacies-will be subject to the new restrictions on advertising Schedule G, H, Hl, and X drugs, according tothe first official.
Prashant Tandon, CEO, Tata Img, said his platformdoes not advertise any drugs. “There is no advertisement for any prescription medicines on Tata Img. In some platforms, if some companies are advertising prescription medicines, there are clear provisions for the regulators to act,” Tandon said. An executive at Netmeds said on the condition of anonymity that the company is “fully compliant” with all laws.
Queries sent to the spokespersons for the health ministry, DCGI, Indiamart, Amazon, Flipkart, Medi Buddy, Practo, Apollo Pharmacy, and Swiggy remained unanswered. Netmeds,too, did notrespond formally to Mint’s queries.
Dr. Ranjan Shetty, medical director at SPARSH Group of Hospitals, Bengaluru, called for making digital platforms jointly accountable for blocking advertisements of high-risk drugs. Dr. Shetty called the government’s initiative “timely and essential”, stating the uncontrolled spread of claims on digital platformsis severely harming public health.
Legal experts say the Drugs and Magic Remedies Act (DMRA) 1945 and the Drugs and Cosmetics Act (DCA) 1940 differ significantly in scope.
Narsana of Khaitan & Cosaid the DCA places a blanket ban on advertising specific prescription-only drugs without prior approval and places the onus on the pharmaceutical company. “In contrast, the DMRA restricts the act of publishing objectionable advertisements pertainingto specific medical conditions and prohibits any person from making
claims that a drug can cure or treatthem. However, it doesn’t restrict advertisements for such drugs that do not claim
that it has such properties,” Narsana said.
