A plea has been filed in the Supreme Court raising concerns over the legal framework that regulates the advertisement of drugs in India, arguing that the existing law is outdated and requires urgent review. The petition challenges provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, contending that its sweeping restrictions do not reflect contemporary scientific standards or healthcare practices.
The plea argues that the law imposes a blanket prohibition on advertisements related to the treatment of certain diseases, without adequately differentiating between deceptive promotions and fact-based, evidence-driven information about medicines. It submits that this approach may limit the dissemination of legitimate health information to patients and the public.
According to the media reports, the statute also fails to recognise the role of qualified practitioners outside the conventional allopathic system, including those authorised under AYUSH, by excluding them from the definition of registered medical practitioners for the purpose of drug communication. This, it argues, creates inconsistencies in how medical information can be shared.
The petitioner has sought directions for the Centre to review and modernise the law, including the constitution of an expert committee to reassess its provisions and schedules in light of current medical knowledge. The plea maintains that while consumer protection remains essential, regulatory safeguards should evolve to balance public safety with access to accurate and responsible medical information.
