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Kerala
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Thiruvananthapuram
To go soft on implementing Section 4 of DMR Act A range of unproven drugs can now be advertised Thiruvananthapuram: The Health Department which had promised stringent measures to stop unethical and illegal practices in the State’s pharmaceutical market, including a total ban on the advertisements of drugs, seems to have back-footed on the promise now. Health Minister P.K. Sreemathy had recently announced that no advertisements of drugs would be permitted henceforth in the State and that the Central Act, Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954, would be strictly implemented. However, the government has now decided to soft-pedal the issue of total ban on advertisements. Section 3 of the DMR Act prohibits the advertisement of drugs that offer cure for infertility, sexual dysfunction, menstrual disorders, cancer, asthma, diabetes and drugs that claim to increase sexual prowess. Some 56 categories of drugs have been listed in this section. Under Section 4 of the Act, no drug manufacturer should give misleading advertisements or give false promises of cure. In short, no drug, the efficacy of which has not been scientifically validated, may be advertised. However, following a meeting between Ayurveda drug manufacturers and Ms. Sreemathy, the government has now decided that, while it will strictly implement the provisions of Section 3 of DMR Act, it will not press ahead with the implementation of Section 4. “At the meeting, the Ayurveda drug manufacturers were assured that we do not intend to ban all advertisements of drugs. We will not allow any advertisements of drugs listed in Section 3. But we have no objection against advertisement of cough or cold remedies,” a senior Health Department official told The Hindu. There are about 1,300 Ayurveda drug manufacturers in the State, all of whom are manufacturing and marketing drugs and food supplements for various ailments. When contacted, the Health Minister said that the government’s policy was that it was the job of the doctor to prescribe medicines and advertisements promising a cure for an ailment were misleading. “All along, we intended to implement the ban on advertisements of the schedule of drugs listed under Section 3 only. We have no objection to the advertisement of ‘chyavanaprasam’ or ‘lehyam,’ which are not harmful to the public,” Ms. Sreemathy clarified. But senior Health Department officials claimed that none of the Ayurveda drugs for cough or cold, fat reduction pills have any scientific validation and all these should be banned under Section 4 of DMR Act. Ayurveda cosmetics do not come under the Act. The State Drugs Control Department, which is the parent body for regulating all drugs under various systems of medicines, has a separate Drugs Controller for issuing licence to Ayurveda drugs. Drugs under other systems of medicine are still licensed and regulated by the parent department. While those with the B.Pharm. qualification are appointed as Drugs Controllers, for the past few years now, those with BAMS qualification are posted on deputation to the Drugs Control Department for regulating Ayurveda drugs. There are allegations that rather than regulating the Ayurveda drugs market, the department is functioning as a mere licensing authority and that even certain products marketed as ‘desi Viagra’ are being issued licence indiscriminately. In effect, by going lax on the implementation of Section 4, the government will be allowing the advertisements of a whole range of drugs, the claims of which have not been scientifically proven.
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