India's drug-advertisement regime rests on legislation from the 1940s and 1950s. Examine its adequacy in the age of e-pharmacies and social-media marketing.

Drug advertising in India is governed by two laws. The Drugs Rules, 1945 use licences and drug schedules to control ads. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 bans misleading ads [3]. Both were written for print media and local chemists. Their principles still work, but they struggle to cover apps and influencer marketing.

Strengths of the existing regime

• Prior sanction: under a 2015 amendment, no Schedule H, H1 or X drug may be advertised without the Central Government's previous sanction [2].
• Bar on false claims: the DMR Act prohibits ads that give a false impression of a drug's true character. It also bans "magic remedy" cures [3].
• Can be updated by rules: the 93rd DTAB meeting led to a draft amendment notified on 28 September 2026. It extends the ban to retailers, wholesalers and distributors, so a manufacturer can no longer promote a drug through its sellers [1].
• Court backing: in the Patanjali case, the Supreme Court restrained ads for products covered by the DMR Act [4].

Gaps in the digital age

• Covers licence-holders only: the draft binds only those with a licence to sell or distribute drugs [1]. Influencers and ad agencies usually hold no such licence.
• Catches only false claims: a true but pushy post ("ask your chemist for drug X") may escape the DMR Act [3].
• Weak penalties: jail of up to six months for a first conviction and one year for a repeat, unchanged since 1954 [3]. This costs less than an ad campaign.
• Split enforcement: the Centre sanctions ads, but State Governments administer the DMR Act [2]. States cannot easily monitor app banners and posts that cross state borders.
• Ads are not the main problem: most misuse happens at the counter. Prescription-only antibiotics sold without a prescription, not ads, drive self-medication and AMR.

Way forward

• Define "advertisement" so it clearly covers sponsored posts and paid endorsements. Make the licensee who pays for them liable.
• Raise DMR Act penalties. Align the rules with the CCPA's 2022 guidelines on misleading ads and endorsements [5].
• Exempt plain price lists for patients who already have a prescription. This protects legitimate commercial speech under Art. 19(1)(a).

India's old drug-ad laws still have sound principles: prior sanction and a ban on false claims. But they were built around licences and carry small penalties, so they lag behind digital marketing. The draft should be finalised with a definition that covers every medium, stronger penalties and better Centre–State coordination. That would protect the right to health under Article 21 and help meet SDG 3.