50 Lac Fine, 5 Year Jail For Advertising Fairness Creams Agency

₹50 Lakh Fine, 5 Year Jail For Advertising Fairness Creams Agency

The Modi Government has proposed a penalty against those who are promoting the products which claim fairness of skin, deafness, improvement of height, hair loss or greying, obesity, among others. The promoters and actors endorsing or advertising fairness creams may ask to pay the penalty of Rs 50 lakhs and serve prison time up to 5 years soon. The government has proposed to amend the Drug and Magic Remedies Act, 1954. The new rules will be drafted under Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020. https://mohfw.gov.in/sites/default/files/Draft%20of%20the%20Drugs%20and%20Magic%20Remedies.pdf

Under the draft bill which has been proposed, a fine of up to 10 lakh and imprisonment of up to two years has been proposed in case of the first offense. In the case of a subsequent conviction, the imprisonment may extend to five years and the fine up to 50 lakh. The notice issued by the Ministry of Health and Family Welfare, states that it is proposing the amendment “in order to keep pace with changing time and technology.” The current law states that the first offense culprits will be subjected to the imprisonment up to six months, with or without fine, and one year for the second time conviction. The present law stated ‘magic remedy’ in the form of a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals. The proposal is to expand the definition of an advertisement to “ any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice, banner, poster or such other documents: Provided that label or wrapper is an advertisement only if it contains any information or claim other than provided in the rules ” has also been made. The ministry has also proposed in the draft bill that prohibit advertisements of medicines and products purported to cure “any” of the 78 diseases, disorders or conditions it has specified. The previous Act had 54 such diseases, disorders and conditions. The ministry has decided to solicit suggestions, comments or objections from the public or stakeholders.

Why is this a welcomed move by the Ministry?

Brands that are used to glorify the idea that only fair-skinned people became successful, the carefully curated fairness advertisements would feed into the insecurities of people with a dark-complexion, luring them with a seemingly ‘magical’ resolution to all of their hurdles on the road to success. Some brands like Patanjali tagged dark skin as a form of skin ailment, and this notion will be used to market their creams. Hopefully, the narratives will be changed after the implementation of new rules.