It is worrying that the Bharatiya Jana Party-led Central government has asked the Ayurveda, Siddha, Unani Drugs Technical Advisory Board to “reconsider” Rule 170, which was instituted over four years ago to curb inappropriate advertisements of ayurveda, unani and siddha products. Even more disconcerting is the fact that this decision has been taken in response to a petition by pharmaceutical companies making ayurvedic formulations, many of whom have pending accusations against them. Rule 170 is key to protecting public health, as was proven during the pandemic when several companies — Patanjali Ayurved was among them — were taken to task for making false claims about the curative powers of alternative medicines. Such transgressions, however, were not limited to the pandemic. Dhathri Ayurveda, for instance, was fined in 2021 for making spurious claims about a hair-growth cream. The minister for ayurveda, yoga, unani, siddha and homeopathy, Sarbananda Sonowal, had last year told Parliament that pharmacovigilance centres for ayush drugs set up in different parts of the country had reported 18,812 ‘objectionable advertisements’ from 2018 to 2021. Yet, instead of strengthening the implementation of the Drugs and Cosmetics Rules, 1945 — Rule 170 falls under it — and filling the gaps in it — the Act prohibits misleading ads only of ayurvedic drugs but not treatments — the government seems intent on weakening the clause instead of giving it teeth.

There is also the question of regulatory oversight. It has been alleged before the courts that alternative medicines are not subjected to the rigorous trials that are reserved for allopathy drugs. Strikingly, the draft amendment to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, another ancient legislation that scrutinises advertisements of ayurveda products, got lost amidst the din of the pandemic; it has not been revived. There is an immediate need for the ayush ministry to ensure that the law is armed to check all kinds of mischief. Under the Narendra Modi-led government, there has been a discernible push towards popularising alternative medication. That the push needs to be complemented with a robust regulatory framework seems to have eluded the powers that be. Is ideological imperative the cause of this blind spot? The uncertainties generated by the pandemic and a malevolent rhetoric alleging the shortcomings of modern medicine have led to the flowering of an unscientific temper, leaving citizens vulnerable to specious ads. The consequences of this could be disastrous for public health.