Regulating Online Advertising of Drugs and Cosmetic Products: Consumer Protection Challenges in the E-Commerce Era

The digital revolution has greatly improved the marketing of pharmaceutical and cosmetic products, opening up new avenues for businesses but at the same time, presenting consumer protection with several challenges. This paper talks about the increasing issue of false advertisements on the internet in the e-commerce era, where companies are often more profit-oriented than responsible. It discusses how the use of social media promotions, influencer marketing, and targeted pop-ups as unregulated digital advertising has caused the distinction between legitimate information and deceptive persuasion to disappear, especially in the e-pharmaceutical and e-cosmetics industry. The study provides an analysis of the legal frameworks across various countries including the United States, India, the European Union, and Australia to point out the stark differences in the global regulation of direct-to-consumer advertising (DTCA) and the threats posed by unregulated online pharmacies. Among other things, it assesses India's regulatory environment under the Drugs and Cosmetics Act of 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954, and the Consumer Protection Act of 2019 along with the Cosmetics Rules of 2020 and the Advertising Standards Council of India (ASCI) Code. It highlights the weaknesses of the legal system through a comparative analysis of the landmark cases along with the need for scientific backing and the overall transparency of the marketing process. The paper draws its conclusion by advocating for stricter regulations on pharmaceutical and cosmetic advertisements during approval, international certification mechanisms and making digital platforms more accountable.