HC upholds FDA’s drug ad prohibition
The Bombay high court recently rejected a petition that challenged the Food and Drugs Administration’s (FDA) order to TV channels, which prohibits advertisements of drugs that promise to increase a person’s “stature”. The drug, STEPUP Body Growth Formula, is manufactured by Siddhi Vinayak Herbals, Indore and marketed by GMT Teleshopping, which had filed the petition.
The petition argued that it was an ayurvedic medicine, duly approved by the Madhya Pradesh authorities. However, the FDA’s order prohibiting telecast of advertisements was based on Drugs and Magic Remedies (Objectionable Advertisements) Act, which prohibits advertisements of the kinds of drugs specified in its schedule.
In the ruling on April 12, a division bench of Justices Mridula Bhatkar and Abhay Oka upheld the FDA’s contention.
“The advertisement projects their product as a drug that will enhance the overall personality of an individual. It is indicated that the use of medicine will increase the height of a person,” the HC noted.
“Perusal of the (Act’s) Schedule shows that Item No 47 is ‘stature of persons’. The advertisements profess that the drug will help in treatment of the condition of stature of persons. It is pertinent to note that the drug that is advertised need not be a dangerous or harmful to attract (prohibition under) Section 3(D),” the justices noted.
The judges also said that licensing authority had approved the drug as helpful for body development, but not for growth of “stature of a person”. “Television is a very powerful visual medium...it has tremendous viewership in all the classes. It includes large sections of illiterate, naive, innocent people who may believe the advertisement to be true,” the court added. Petitioner’s lawyer Aspi Chinoy had argued that prohibition under Section 3 of the Act extended only to harmful or prohibited drugs, while the said drug was not a harmful drug, nor was it prohibited.
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