Health is wealth — not only for the healthy but also for the world of advertising. An annual analysis by the Advertising Standards Council of India shows that healthcare was the most violative sector in 2023-24 when it came to following advertising rules. This comes weeks after the Supreme Court took to task advertisers, the Union ministries of consumer affairs and information and broadcasting and various re­gulatory bodies for spurious advertisements about healthcare products and services. The court was hearing a case against Patanjali Ayurved for publishing misleading ads, especially during the pandemic, and took a stern view on such violations by pharmaceutical and healthcare companies and manufacturers of consumer goods. The court has since asked advertisers to sub­mit self-declaration forms confirming their compliance with rules before airing or publishing an ad. Incidentally, rules are tweaked not just by companies but also by the government. Last year, for instance, the Centre stopped the implementa­tion of Rule 170 from the Drugs and Magical Remedies (Objectionable Advertisements) Act, which was instituted to curb inappropriate ads of ayurveda, unani and siddha products. In an industry already affected by regulatory oversights, creating such loopholes amounts to wilfully putting public health at risk.

Uncertainties about health generated by the pandemic and a rhetoric that plays up the shortcomings of modern medicine have promoted an unscientific temper, leaving citizens vulnerable to specious ads. But alternative medicine is not the only threat. Besides the prevalence of unregulated health supplements — vitamin gummies have overtaken the market, for example, and are causing an uptick in diabetes owing to their sugar content — there are also consumer goods that make dubious claims about health benefits. Bournvita, packaged as a health drink, was forced to withdraw misleading ads in 2023 owing to its high sugar content that is harmful for children. What makes matters worse is the proliferation of platforms where such products are marketed — the bevy of health influencers on social media who market products without any knowledge about their composition or side effects is one example. Duplicitous information combined with weakened regulatory mechanisms violates consumers’ right to make informed choices and calls into question the State’s commitment towards public health.