Finally, the government has turned its attention to a problem that has had serious repercussions on consumer health: advertisements that promote drugs, health cures and health gadgets.

Today, health cures of questionable efficacy and health gadgets of unknown value are being peddled through the print media as well as television and the Internet. There is a proliferation of advertisements that exploit the vulnerability of those suffering from certain diseases or an inferiority complex regarding their physical stature or looks.

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, is specifically meant to tackle such false and misleading claims, but it is totally outdated and inadequate to deal with the present situation — it has no provision to tackle ads on the television and the Internet.

As it stands, the Act basically prohibits four kinds of advertisements (1) Those promoting a drug or leading to the use of a drug for miscarriage or prevention of conception, menstrual disorders or enhancing the capacity for sexual pleasure. (2) Ads pertaining to drugs for the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule of the Act. The Schedule lists a number of diseases such as diabetes, cataract, cancer, rheumatism, impotence, high or low blood pressure, epilepsy, venereal diseases, glaucoma, etc. (3) Misleading or false claims about drugs (4) advertisements of magic remedies for treatment of certain diseases and disorders.

Violation of the law attracts imprisonment for six months or a fine or both, for first conviction and for subsequent convictions, imprisonment for a year or a fine or both. The Union health ministry is now amending the law to empower the enforcement agencies to tackle advertisements on the electronic media. The amendment also seeks to award more severe penalties to offenders.

The move is welcome, but it would be far more effective if the law were to provide for corrective advertisements — in fact this is absolutely necessary to ensure that the impression created by a false or a misleading advertisement is corrected through a series of advertisements.

Of course, the amendment of the law is only one part of the solution. What is equally important is its strict implementation and this has to be ensured through an independent mechanism to monitor the working of the enforcement agencies.