Healthcare most violative sector in advertising: ASCI Annual Report
New Delhi: The healthcare sector has emerged as the top violator in
the realm of digital media advertising as the sector accounts for 19%
of all ads processed, making it the most violative sector for the year. Out of a total of 8,062 ads that
required modifications, 1569 were from the healthcare sector.
This came after the Advertising Standards Council of India (ASCI) published its annual analysis
report. This sector has consistently been a concern for ASCI due to the
prevalence of misleading advertisements that exploit consumer trust and
vulnerability.
Advertising of certain products is banned under various
laws, for example, drugs that claim to be magic remedies or cures for certain health conditions. However, there has
been a blatant disregard for rules in this sector. The second biggest category
of ads reported for direct violation of the law was the Drugs and Magic Remedies
sector. Out of 1,249 ads from 239 advertisers reported to the Ministry of
AYUSH, 91% violated clause 3(b) of the DMR Act, which prohibits ads that claim
to enhance sexual prowess or treat specified diseases and disorders.
The report mentioned, “In an era where healthcare
choices are abundant and information is readily accessible, it is crucial to
acknowledge the potential harm caused by misleading ads that abuse the trust of
consumers and take advantage of their vulnerability. ASCI looked at a total of
1575 ads out of which 99% required modification.”
Of these, 1,249 ads were processed for
violating the Drugs and Magic Remedies Act (DMR Act). Of the remaining 326
ads, 190 were from clinics, hospitals, and wellness centers making exaggerated
claims about their services and treatments for chronic conditions.
Additionally, 129 ads from pharmaceutical companies made unverified claims
about prevention, cure, superior quality, and leadership, while 7 ads were
related to medical supplies and health apps.
The DMR Act prohibits the advertisement of certain drugs
for the treatment of certain diseases and disorders. Ads that featuring drugs
that suggest or are intended to encourage the use of drugs for maintenance or
enhancement of a person’s ability for sexual pleasure, or for the treatment of
illnesses and ailments (under whatever name they may be called) claiming to
prevent or cure 56 diseases as mentioned in the list are prevented under the
Act.
“Despite the presence of the DMR Act,
there continues to be a proliferation of advertisers promoting
medicines/ayurvedic products, claiming the cure and treatment of these
ailments. These advertisements misuse the trust of vulnerable consumers and
could be detrimental to their health,” mentioned the report.
The report further stated that 91% of ads violated the Celebrity Guidelines
and among those, healthcare contributes 9% of the total. As far as BabyCare products
are concerned, misleading ads could harm the parents’ trust and the baby’s health. For the first time, Babycare has
made it to the top 10 violators list owing to influencers promoting products and services
without disclosing material connections.
81% of the 91 ads processed were from influencer promotions without a disclosure. 99% of these ads required modification
and 76 % were not contested by the advertisers.
The ASCI report highlights the ongoing challenge of
regulating misleading healthcare advertisements and the need for stricter
enforcement to protect consumers from deceptive claims.
