Madras HC Dismisses Medical Ad Ban Plea, Cites Practicality

A case in the public interest (PIL) that challenged advertisement by hospitals and physicians in the media like radio, newspapers, and television was dismissed by the Madras High Court. The court reasoned that expecting media outlets to confirm the authenticity of every ad is unrealistic.

Background of the Case
The petitioner Mangaiyarkarasi claimed that some medical advertisements mislead the public with false promises of “magic cures” and false claims about medical treatments. She contended that such ads promote fake doctors, dubious drugs, and questionable medical practices.

A bench comprising Chief Justice KR Sriram and Justice Senthilkumar Ramamurthy heard the case from Madras HC.

Doctors’ Perspective-

1. Media cannot be expected to verify the authenticity of every hospital advertisement.
2. The responsibility to take action against violators lies in the hands of the Medical Commission, not the media.
3. Only Medical Commission can take action against doctors and hospitals who violated the rules. Advice to Petitioner

If anyone encounters any fake medical advertisement he or she should file a complain with the Medical Commission or the police.

What if medical advertisements were banned?

1. Lack of awareness about medical treatments, technologies and drugs.
2. No encouragement to people to seek medical advice and routine health checkup.
3. Reduced patient engagement:- Advertisement are the means to prompt patients to discuss their health concerns with their doctors. Implications of the Verdict

• Doctors and hospitals may still advertise their services.
• Complaints regarding deceptive advertisements will be handled by regulatory bodies.
• The existing framework for regulating medical advertising remains in place. Regulation of Medical Advertisement in India

In India, the regulation of medical advertisements is governed by the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMRA).
The Schedule of DMRA provides a list of diseases whose advertisement is strictly prohibited.

The Section also prohibits the advertisement which is related to-

1. the procurement of miscarriage of women or prevention of conception in women
2. the correction of menstrual disorder in women and girls
3. any of the diagnoses of any such disease or condition specified in the schedule.

Section 4 of DMRA prohibits the misleading advertisement of drugs if they directly or indirectly give a false information related to the drug

Section 5 of DMRA prohibits the advertisement of “magic remedies” for the treatment of the diseases enlisted under the schedule.

Section 7 of DMRA provides punishment to the persons who contravene the provisions of the act.

Violations of the DMRA can result in penalties, including fines and imprisonment

Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002

• These regulations prohibit doctors and physicians from making high and exaggerated claims about any procedure or promising positive treatment outcomes in advertisements. The Draft Drugs and Magic Remedies (Objectionable Advertisements) Amendment Bill, 2020 seeks to extend the reach of the DMRA to include electronic media, internet, and websites, and to increase the list of diseases and conditions for which advertisements are forbidden Authorities for Regulating Medical Advertisements –

1. Ministry of Health and Family Welfare (MoHFW) for implementation of health policies and regulations, including those related to medical advertisements.
2. Central Drugs Standard Control Organization (CDSCO) for the approval and regulation of drugs and medical devices.
3. Advertising Standards Council of India (ASCI) to ensure that advertisement should not be misleading.
4. State Food and Drug Administration

Conclusion –
The petitioner’s case highlights the need for responsible medical advertising. However, a blanket ban on ads can have unintended consequences.

We already have regulations and authorities in place to monitor and control misleading ads. Let’s follow these guidelines and report any concerns to the authorities.

The Medical Bulletin