The draft proposal, now before the Drugs Controller General of India (DCGI), focuses on strengthening enforcement by amending the Drugs and Cosmetics Rules, 1945 and closing a major regulatory loophole. Currently, drug licences do not explicitly ban advertising—the draft proposes a ban on advertising high-risk Schedule G, H, H1, and X drugs as a mandatory condition of all drug licences, according to one of the officials cited earlier, who spoke on the condition of anonymity.
Schedule G, H, H1 and X drugs range from antibiotics to narcotics, and come with strict labelling, storage and record-keeping requirements, and cannot be sold without a doctor’s prescription.
“This proposal seeks to ban all forms of drug advertising on online platforms—under the plan, the seller, wholesaler, or distributor will be prohibited from advertising these drugs across any channel,” the official said, adding that the proposal will first go to the Drugs Technical Advisory Board (DTAB) for discussion before the final amendment is made to the Drugs Rules, 1945. “We are also closely monitoring the online sale of drugs to ensure that companies adhere strictly to the existing Rules,” the official added.
The government document reviewed by Mint stated that while the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 provides a legal framework to restrict misleading advertisements of certain drugs and diseases, it is limited in scope and often inadequately enforced. The document also pointed to spurious and illegally imported drugs being advertised on online platforms.
The matter was discussed at a meeting of the Drugs Consultative Committee (DCC) chaired by DCGI on 17 November.
While there is no official data to show a surge in drug advertising, the government gets such inputs via complaints based on regulatory intelligence and monitoring, the official cited earlier said.
A second official added that such advertisements encourage consumers to do self-medication.
The proposed amendment is broadly targeted at any person or licensee involved in the sale or distribution of the specified high-risk drugs. This means all entities—from online marketplaces and e-commerce giants to licensed e-pharmacies—will be subject to the new restrictions on advertising Schedule G, H, H1, and X drugs, according to the first official.
Prashant Tandon, chief executive officer (CEO) of Tata 1mg, said his platform does not advertise any drugs. “There is no advertisement for any prescription medicines on Tata 1mg. In some platforms, if some companies are advertising prescription medicines, there are clear provisions for the regulators to act,” Tandon said. An executive at Netmeds said on the condition of anonymity that the company is “fully compliant” with all laws governing drug sales and advertisements.
Queries sent to the spokespersons for the health and family welfare ministry, DCGI office, IndiaMART, Amazon, Flipkart, MediBuddy, Practo, Apollo Pharmacy, and Swiggy remained unanswered till press time. Netmeds, too, did not respond formally to Mint’s queries.
Rajiv Singhal, general secretary of the All India Organization of Chemists and Druggists (AICOD), which represents around 1.24 million members, said several websites have been advertising medicines. Dr. Ranjan Shetty, medical director at SPARSH Group of Hospitals, Bengaluru, called for making digital platforms jointly accountable for blocking advertisements of high-risk drugs.
Dr Shetty called the government’s initiative “timely and essential”, stating the uncontrolled spread of claims on digital platforms is severely harming public health. Advertising drugs like antibiotics or Schedule H/H1/X medicines encourages self-medication, masks symptoms, delays diagnosis, and strengthens microbial resistance, he said.
According to him, health systems maintain strict controls globally. Countries such as Europe and Singapore prohibit direct-to-consumer (DTC) advertising for prescription medicines, restricting communication to healthcare professionals. While the US permits DTC advertising, it mandates rigorous FDA requirements for safety disclosures and data transparency.
For India, Dr Shetty stressed the need for a structured, technology-enabled framework. This includes making digital platforms jointly accountable for blocking advertisements of high-risk Schedule H/H1/X drugs, establishing a centralized registry for approved promotions, and ensuring strong coordination between regulatory bodies like the Central Drugs Standard Control Organisation and state regulators.
Legal experts say the Drugs and Magic Remedies Act (DMRA) 1945 and the Drugs and Cosmetics Act (DCA) 1940 differ significantly in scope.
Narsana of Khaitan & Co said the DCA places a blanket ban on advertising specific prescription-only drugs without prior approval and places the onus on the pharmaceutical company. “In contrast, the DMRA restricts the act of publishing objectionable advertisements pertaining to specific medical conditions and prohibits any person from making claims that a drug can cure or treat them. However, it doesn’t restrict advertisements for such drugs that do not claim that it has such properties,” Narsana said.
He added that this framework, which tries to balance patient empowerment against indiscriminate drug use, is being exploited.
He emphasized that ill-intending players leverage the DCA’s “blind spot” and the lax implementation of the DMRA to advertise drugs. “They creatively structure claims in ways that may be detrimental to public safety,” Narsana added.