Misleading Medical Advertisements
The Supreme Court of India has called for a mechanism for citizens to file complaints against misleading medical advertisements. This proposed mechanism aims to empower consumers of medical products and services.
Current Regulatory Framework
- The Advertising Standards Council of India (ASCI) has highlighted that a significant portion of complaints about misleading advertisements pertains to healthcare.
- In the last three years, the Ministry of Ayush reported 38,539 cases of misleading advertisements to state-licensing authorities.
Existing Legislation
- Drugs and Magic Remedies (Objectionable Advertisements) Act and Drugs and Cosmetics Act are the primary regulations.
- The Consumer Protection Act, 2019 and the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations also regulate medical advertisements.
- The regulations vary from outright bans to permissive rules, with significant gaps and grey areas.
Concerns with Current Regulations
- Advertisements by practicing doctors and prescription-only allopathic drugs are prohibited.
- 2018's Rule 170 prohibits misleading advertisements of Ayurveda, Siddha, or Unani drugs.
- Private hospitals and clinics, often part of large corporate chains, make extravagant claims.
- ASCI reported 190 misleading claims by hospitals and clinics in the past three years.
Need for Stronger Mechanisms
- The government should impose stricter limits on advertisements related to medical devices and over-the-counter drugs.
- A robust institutional mechanism is essential for proactive monitoring of medical advertising, including online platforms.
- This mechanism should inform consumers, impose penalties, and provide compensation for misleading ads.
- Such a system would bypass the slow legal process and support consumers lacking resources for legal battles.
Conclusion
The Supreme Court's directions provide an opportunity to enhance consumer protection against misleading medical advertisements, bridging existing gaps in regulations.
