ASCI Flags 233 Health Ads for DMR Act Violations; Reports Cases to Ministry of AYUSH

In a significant compliance development, the Advertising Standards Council of India (ASCI) has reported 233 health-related advertisements to the Ministry of AYUSH for alleged violations of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR Act). These advertisements were flagged for making misleading, exaggerated, or unsubstantiated claims, particularly in the wellness, Ayurveda, and personal care segments.

The disclosures form part of ASCI’s Annual Complaints Report for 2024–25, which reveals an upward trend in objectionable advertising across digital platforms. Notably, 94.8% of the reported ads were digital-first, with 68% being sponsored content on social media, highlighting the growing regulatory blind spots in influencer-driven and online promotional strategies.

The healthcare sector emerged as a major contributor, with 370 ads investigated and over half found to be in violation due to deceptive representations or lack of scientific substantiation. In total, ASCI referred 3,347 advertisements to government regulators for potential legal non-compliance, an increase from 2,707 cases reported the previous year.

However, the report also notes an encouraging shift in industry response, with 59% of the violative advertisements being voluntarily withdrawn or modified after ASCI intervention. Additionally, ASCI has achieved a 46% reduction in complaint turnaround time, indicating improved collaboration and faster resolutions.

Key Compliance Implications:

Digital platforms remain a high-risk zone for DMR Act and consumer protection law violations.

Influencer marketing and sponsored content require stronger scrutiny and proactive compliance checks by brands and agencies.

Regulatory escalation is intensifying, with ministries such as AYUSH taking a more active enforcement role based on ASCI referrals.

What This Means for Advertisers and Legal Teams:

This development underscores the critical need for robust legal vetting of health-related promotional content, especially in sectors involving traditional medicine, alternative therapies, and wellness. Legal teams should ensure that all marketing claims are supported by credible evidence, avoid language that may invoke "magic remedies," and verify that influencer campaigns comply with both ASCI and sectoral regulations.

For digital-first brands, building internal advertising compliance protocols and coordinating with legal counsel is no longer optional, it's essential for risk mitigation and consumer trust.