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NEW DELHI: The Ayush ministry has made a U-turn on deceptive commercials of Ayush merchandise contradicting its stand and the minister’s remark in Parliament, an RTI answer has printed.
After Kannur-based ophthalmologist Dr Ok V Babu complained towards doubtful and deceptive commercials by means of Baba Ramdev’s Haridwar-based Patanjali Ayurved, the Ayush ministry requested Uttarakhand licensing authority to do so.
As an alternative of taking motion, the state licensing authority cited Rule 170 beneath the Medication and Beauty Act 1945, which they mentioned avoided them from penalising the Patanjali workforce’s Divya Pharmacy and claimed the availability’s software was once subjudice and pending ahead of the Mumbai Prime Courtroom.
In spite of realizing that motion can also be taken beneath the Magic Treatments Act, the Ayush ministry didn’t right kind the state licensing authority, mentioned Babu.
In its respond to Babu on November 22, the ministry reiterated the similar stand taken by means of the state licensing authority, and mentioned, “the topic is beneath sub judice and pending” ahead of the Mumbai Prime Courtroom and the “essential motion could also be taken matter to the general resolution of the court docket.”
The ministry didn’t right kind the state authority that motion can also be taken beneath Medication and Magic Treatments (Objectionable Ads) 1954, 3 (d) and Medication and Beauty Regulations 1945, 106 (1). Beneath those sections, commercials of gear for 54 and 51 illnesses which can be beneath the time table are prohibited.
The criticism was once towards an commercial claiming that Divya Pharmacy’s Lipidom may just scale back ldl cholesterol.
“In my criticism in February this yr, I had sought motion towards the deceptive commercial beneath Medication and Magic Treatments (Objectionable Ads) 1954. I made no criticism beneath Rule 170. They knowingly cited Rule 170, which they knew may just no longer be used, and flagged it to state that the topic is sub-judice,” Babu instructed The New Indian Categorical.
“The Drug Coverage Segment of the Ministry of AYUSH is misinterpreting the keep on Rule 170, which was once added simply to improve the present Acts, as a keep at the complete of DMR (OA) 1954 segment 3(d) and D & C Act 1945, segment 106(1), which prohibits the commercials of the medication beneath time table.”
Babu mentioned he has now written to the Ayush minister Sarbananda Sonowal for “incorrect interpretation of the sub-judice nature of Rule 170 of D & C Regulations 1945, thereby exonerating the violators of DMR (OA) 1954” and asked him to interfere at the topic.
The RTI activist mentioned the U-turn by means of the ministry is contradictory to the remark of the minister within the Parliament in March 2022 and their communications to the state licensing authority in April after which in September, asking them to begin motion towards Divya Pharmacy beneath DMR (OA) 1954.
Even the record notings of the Ayush ministry point out that regardless that Rule 170 is subjudice, motion can also be taken beneath DMR (OA) 1954.
“If the prevailing place of the Ministry of Ayush, which is contradictory to the foundations of the land, is carried out, it’s going to result in flooding of the media with deceptive commercials and can end up a public well being crisis,” Babu added.
Sonowal within the parliament had mentioned that “the protocol or tips are in power to limit Ayush merchandise of medicinal use with doubtful claims and for promoting sure medications beneath clinical supervision.”
“The Medication and Magic Treatments (Objectionable Ads) Act, 1954 and Regulations there beneath surround the provisions for prohibition of deceptive commercials and exaggerated claims of gear and medicinal components, together with Ayush medications and for the penalty to be imposed at the defaulters,” he had mentioned within the Rajya Sabha on March 22.
“The State/UT Governments are empowered to put in force the criminal provisions beneath Medication & Cosmetics Act, 1940 and the Medication & Magic Treatments (Objectionable Ads) Act, 1954, and laws made thereunder,” he added.
The minister had additionally mentioned that media regulators have additionally been approached to forestall the newsletter of irrelevant commercials selling sale of Ayurvedic and different such medications in public hobby.
In spite of the minister’s remark, Patanjali Ayurved merchandise proceed to put it up for sale in newspapers, Babu mentioned.
NEW DELHI: The Ayush ministry has made a U-turn on deceptive commercials of Ayush merchandise contradicting its stand and the minister’s remark in Parliament, an RTI answer has printed.
After Kannur-based ophthalmologist Dr Ok V Babu complained towards doubtful and deceptive commercials by means of Baba Ramdev’s Haridwar-based Patanjali Ayurved, the Ayush ministry requested Uttarakhand licensing authority to do so.
As an alternative of taking motion, the state licensing authority cited Rule 170 beneath the Medication and Beauty Act 1945, which they mentioned avoided them from penalising the Patanjali workforce’s Divya Pharmacy and claimed the availability’s software was once subjudice and pending ahead of the Mumbai Prime Courtroom.
In spite of realizing that motion can also be taken beneath the Magic Treatments Act, the Ayush ministry didn’t right kind the state licensing authority, mentioned Babu.
In its respond to Babu on November 22, the ministry reiterated the similar stand taken by means of the state licensing authority, and mentioned, “the topic is beneath sub judice and pending” ahead of the Mumbai Prime Courtroom and the “essential motion could also be taken matter to the general resolution of the court docket.”
The ministry didn’t right kind the state authority that motion can also be taken beneath Medication and Magic Treatments (Objectionable Ads) 1954, 3 (d) and Medication and Beauty Regulations 1945, 106 (1). Beneath those sections, commercials of gear for 54 and 51 illnesses which can be beneath the time table are prohibited.
The criticism was once towards an commercial claiming that Divya Pharmacy’s Lipidom may just scale back ldl cholesterol.
“In my criticism in February this yr, I had sought motion towards the deceptive commercial beneath Medication and Magic Treatments (Objectionable Ads) 1954. I made no criticism beneath Rule 170. They knowingly cited Rule 170, which they knew may just no longer be used, and flagged it to state that the topic is sub-judice,” Babu instructed The New Indian Categorical.
“The Drug Coverage Segment of the Ministry of AYUSH is misinterpreting the keep on Rule 170, which was once added simply to improve the present Acts, as a keep at the complete of DMR (OA) 1954 segment 3(d) and D & C Act 1945, segment 106(1), which prohibits the commercials of the medication beneath time table.”
Babu mentioned he has now written to the Ayush minister Sarbananda Sonowal for “incorrect interpretation of the sub-judice nature of Rule 170 of D & C Regulations 1945, thereby exonerating the violators of DMR (OA) 1954” and asked him to interfere at the topic.
The RTI activist mentioned the U-turn by means of the ministry is contradictory to the remark of the minister within the Parliament in March 2022 and their communications to the state licensing authority in April after which in September, asking them to begin motion towards Divya Pharmacy beneath DMR (OA) 1954.
Even the record notings of the Ayush ministry point out that regardless that Rule 170 is subjudice, motion can also be taken beneath DMR (OA) 1954.
“If the prevailing place of the Ministry of Ayush, which is contradictory to the foundations of the land, is carried out, it’s going to result in flooding of the media with deceptive commercials and can end up a public well being crisis,” Babu added.
Sonowal within the parliament had mentioned that “the protocol or tips are in power to limit Ayush merchandise of medicinal use with doubtful claims and for promoting sure medications beneath clinical supervision.”
“The Medication and Magic Treatments (Objectionable Ads) Act, 1954 and Regulations there beneath surround the provisions for prohibition of deceptive commercials and exaggerated claims of gear and medicinal components, together with Ayush medications and for the penalty to be imposed at the defaulters,” he had mentioned within the Rajya Sabha on March 22.
“The State/UT Governments are empowered to put in force the criminal provisions beneath Medication & Cosmetics Act, 1940 and the Medication & Magic Treatments (Objectionable Ads) Act, 1954, and laws made thereunder,” he added.
The minister had additionally mentioned that media regulators have additionally been approached to forestall the newsletter of irrelevant commercials selling sale of Ayurvedic and different such medications in public hobby.
In spite of the minister’s remark, Patanjali Ayurved merchandise proceed to put it up for sale in newspapers, Babu mentioned.