Magic remedies: New law is welcome

The government has done well to propose amendments to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which prohibits advertisements or publicity for drugs and remedies that claim to have magical properties. The amendments will lead to enactment of a new law which will have wider scope and more teeth. The draft law proposed by the Union health ministry has expanded the list of diseases, disorders and conditions to be covered by it from 54 to 78. It will cover ads of remedies and drugs that promise to increase fairness of skin, enhancement of sexual performance, cure for infertility, stammer, premature ageing, etc. It also proposes to increase the punishment for offences to five years’ jail and a fine and higher punishment for repeat offences. It will also expand the definition of an advertisement to include new forms of representation and communication like the social media.

There has always been a large constituency for magical cures in the country and millions of people have been duped by the sales and publicity tactics that promote them. People have not only lost money, but many have suffered the bad consequences of fake drugs and remedies. The law has not been able to check their use. There is hope that a stricter law with harsher penalties will be more effective and may have greater deterrence than the existing one. In any case, the law has to be updated because it does not cover all the current methods and mediums of sales promotion. Publicity tactics based on the internet and social media have come to have a large appeal. By their very nature they induce people to take quick and irrational decisions and the mistake is realised only after one is duped.

It is not enough to have the right law in place. It should be enforced effectively. Even when there were widespread violations of the existing law, actions under it and prosecutions have been few. The proposed law will also not serve its purpose if it is not implemented effectively. The nature of new publicity and propaganda methods makes it difficult to spot illegalities. The new law should be taken in conjunction with the amended Consumer Protection Bill, 2019, which made manufacturers, service providers and celebrities liable for misleading the public about the benefits and qualities of the products and services they offer or endorse. Increasing public awareness about the dangers of fake remedies and drugs is as important as strengthening the law.