Due to globalisation and modernisation, every industry in India thrives to achieve its full potential. Sometimes, a manufacturer or a producer may conduct unfair trade practices, concluding for the consumer to suffer the burden for the same. Every product manufactured is compulsory to have approval from the Food Safety and Standards Authority of India (FSSAI). As a consumer, one should insist on the quality and the guarantee of the products and services.

1. Consumer Laws & Ayurvedic
Medicines | Corporate Law Attorney
in Delhi NCR | Corporate Lawyer in
Delhi NCR |
Corporate Lawyer in New Delhi | Corporate Lawyer in India | Corporate Lawyer in Delhi NCR
| Corporate Lawyer in Delhi | Corporate Lawyer in Noida | Corporate Lawyer in Gurugram |
Corporate Attorney in Delhi NCR | Corporate Attorney in Delhi | Corporate Attorney in Noida
| Corporate Attorney in Gurugram | Corporate Attorney in New Delhi | Corporate Attorney in
India | Corporate Law Solutions in Delhi NCR | Corporate Legal Services in Delhi NCR |
Corporate Law Remedies in Delhi NCR | Corporate Law Attorney in Delhi NCR | Corporate
www.mylawyersadvice.com

2. Law Attorney in Delhi | Corporate Law Attorney in Noida | Corporate Law Attorney in
Gurugram | Corporate Law Attorney in New Delhi |
“A lot of ayurveda companies have been running their ayurveda business or pharmaceutical
business in India but in an organised form. Further, a lot of sham companies were also found
selling spurious products and were found playing with the lives of the innocent people.
Thus, the Government of India had come up with a plethora of amendments and enactments
and brought the ayurvedic companies under the perview of the Indian consumer laws,
corporate laws and IT laws respectively. Further the ayurveda companies are bound to
follow a lot of legal complainces and several laws are made applicable upon these ayurveda
companies. The Ministry of Consumer Affairs, Food and Public Distribution, Government of
India is mandated with a Consumer Protection Division for implementing the Consumer
Protection Act, 2019 and Rules and Regulations made thereunder. The goal of every
business operation is consumer satisfaction, and the business and government are
obligated to protect the interests of the consumers. In every aspect of business
management, the consumer is an end goal and need. Consumer protection and awareness
are vital. It includes various rights, such as the right to be protected against the marketing
of goods and services, the right to acquire the knowledge, quality and skill required for a
product, the right to be heard, and seek redressal.”
Due to globalisation and modernisation, every industry in India thrives to achieve its full
potential. Sometimes, a manufacturer or a producer may conduct unfair trade practices,
concluding for the consumer to suffer the burden for the same. Every product manufactured
is compulsory to have approval from the Food Safety and Standards Authority of India
(FSSAI). As a consumer, one should insist on the quality and the guarantee of the products
and services.
Contemporary Laws for Consumer Safety: Best Corporate Legal Solutions for Ayurveda
Companies
The Drug and Cosmetics Act and Rules comprises sections and regulations for Ayurvedic,
Siddha, Unani drugs. It is composed of provisions regarding the safety and quality of the
www.mylawyersadvice.com

3. drug, effectiveness for licensing and penalising parties for selling or manufacturing
misbranded, adulterated or substituted drugs.
Furthermore, in the Drugs and Magic Remedies (Objectionable Advertisements ) Act, 1954
and the Rules made thereunder, the government plays a vital role in penalising the
manufacturer, distributor or seller of the drug who contravenes the provisions of the said
Act by their advertisements. The Union Health Ministry has presented a proposal to amend
the said Act in 2020, called ‘The Drugs and Magic Remedies (Objectionable
Advertisements) (Amendment) Bill, 2020’. The bill seeks amendment in a couple of
sections: the inclusion of certain information in the definition(s) under Section 2 and
Section 3, the increase in the penalty, and the number of diseases and health conditions
mentioned in the Schedule of the Act have been revised.
The parent Act to safeguard the interests and rights of the consumer is the Consumer
Protection Act, 2019 and the Rules. The Act comprises various rights for a consumer and
consists of provisions regarding safety, quality check, and efficiency.
Violation of Consumer Rights & Companies selling Ayurvedic Medicines & Products: Best
Corporate Lawyer Advice for Ayurveda Companies
Due to the COVID-19 pandemic, the public health situation in the country has worsened, and
the population blindly trusts every slight news or message for curing the disease.
The medicines sold in the market these days are adulterated, damaged and made to appear
to provide better treatment. The AYUSH Ministry had released a statement regarding the
announcement of “Coronil” and prohibited business enterprise (Patanjali Limited) from
advertising or promoting the said product and advised not to spread any rumours regarding
a cure for the virus unless verified and approved.
The Ministry has received multiple complaints in the past years regarding objectionable
advertisements for selling ayurvedic medicines. The consumer is being denied basic
knowledge and information regarding the product due to a lack of knowledge about the
authentic source of the medicine. It is self-explanatory that a consumer trusts the
packaging and labelling or advertisement of a particular Ayurvedic medicine as a means to
gain knowledge about its usage and need. And if those instructions are not transparent or
www.mylawyersadvice.com

4. truthful, then not only the health and treatment of the individual is affected, but the entire
allopathic procedure is strained. An Ayurvedic ‘Over the Counter (OTC) medicine is usually
sold with packaging in which the consumer barely understands all relevant details. There
exist several objectionable practices in manufacturing, producing, selling etc., and the
reason for the same varies from scientific, legal, economical to ethical and moral.
In some scenarios, the medicines sold used synthetic chemicals to enhance natural
character, harmful adulterants, or the usage of an exhausted drug.
Further, the diagnosis and treatment of an illness, including the drug description for the
same, do not follow the standard or correct procedure. For any allopathic method, the
unavailability of published clinic research had hampered the safety, efficiency and
effectiveness of treating the human race using Ayurvedic medicines. A consumer is also
generally unaware of the ingredients used for the medicine leaving the consumer confused
and dissatisfied.
In the case of Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., 2001 5 SCC 73,
specific tests were laid down for drugs. It was established that strict tests and stringent
vigilance are required as these medicines cure diseases. The social circumstances and
linguistic barriers create confusion due to the availability of multiple medical products.
Therefore stricter measures are required and are need to be implemented. Also, in the case
of Sun Pharma Laboratories Ltd. v. Ajanta Pharma Ltd., 2019 SCC OnLine Del 8443, the Delhi
High Court observed that like pharmaceuticals, nutraceuticals are regulated products that
cannot be produced and manufactured without a license; both are used in the treatment of
specific disorders and diseases.
Amidst all of this, a study by the Directorate of AYUSH, Gujarat, shows that using Allopathic
treatment and Ayurveda, there is a faster recovery in the mild-moderate COVID-19 Patients.
Conclusion
To protect the interest of consumers, the country needs to take stricter actions and penalise
the violators of the law. At every step from manufacturing till distribution of the drug,
physicians, health professionals, experts, and special committees must conduct routine
check-ups and tests to check the quality of the drug or medicine. Ensuring that the labelling
www.mylawyersadvice.com

5. and promotion of the manufactured products are in accordance with the requirements and
rules of the present law is pertinent. The provisions under the Drugs and Magic Remedies
(Objectionable Advertisements ) Act, 1954 restricts the advertisements that impact the
interest of the public as a whole and, as a result, are prohibited and amounted to be
reasonable and not in contravention with freedom of speech and expression and freedom of
trade and commerce as envisaged in the case of Hamdard Dawakhana v. Union of India,
1960 AIR 554. It can be stated that consumer safety is the lifeblood of any industry and
must be protected at any cost.
There is a need to spread awareness about the efficacy of standard, non-scheduled
Ayurvedic medication, which is available OTC in any case. There is also a need to conduct
medical research projects and initiatives with globally available sociologists, modern
medicine physicians, pharmacologists, biochemists, pharmacists and qualified Ayurvedic
experts and bring fresh ideas and new ways of manoeuvring collaborative research. And
from the said research, the aim should be to sensitise consumers around the Allopathic
treatment and Ayurveda in detail. The goal of the industry should be disease prevention and
protecting consumer rights at the same time.
www.mylawyersadvice.com