scientifically Manufactured Ayurvedic Products cannot come under the category of Cosmetics
We have gone through the draft proposal for creating new category of Ayurvedic Cosmetics under the Drugs and Cosmetics Act, 1940.
At the outset we would like to place on record that the concept Ayurvedic Cosmetic is a contradiction in itself because, Ayurveda is a System of medicine like Allopathy and Homeopathy. Whereas cosmetic is a terminology used for the products which are meant for superficially beautifying or grooming a person. Secondly, those products which interfere with the physiological functions of the body are considered as medicines, whereas cosmetics are those products which are not supposed to interfere with the physiological functions of the body.
Cosmetic products are meant for simply
changing the appearance temporarily only, whereas, those products which treat
the skin diseases or any problems are considered as Medicines. The products which are meant for treatment of
diseases, mitigation, diagnosis etc. of the skin and thereby promote
attractiveness are necessarily medicines.
As there is no concept like Allopathic Cosmetic and homeopathic cosmetic
similarly there cannot be any concept like Ayurvedic Cosmetic. Either it is a medicine or it is a
Cosmetic. The following points are
requested to be taken into consideration :-
a)
Under
the existing scheme of the Drugs and Cosmetics Act, 1940, the terms drug and
cosmetics are separately defined.
b)
The
Act adopts selective approach for both drugs and cosmetics. As far as drug is concerned, the selective
approach is further refined by defining Ayurvedic drugs, Homeopathic drugs
separately and by making separate provisions for different category of
drugs. On the other hand, there is no
such differentiation for cosmetics and any article intended to be used for
cleansing, beautifying, promoting attractiveness or altering the appearance is
considered as Cosmetics irrespective of the ingredients used in such cosmetics.
c) Ayurveda is a science of medicine for treatment, mitigation, prevention or cure of various diseases on the basis of the prakruti of an individual of the human being. The selective approach for Ayurvedic, Allopathic and Homeopathic medicines is necessary due to difference in principles of manufacture, evaluation and use of such products. However, these three systems of medicines do not take cognizance of Cosmetics as a distinct and separate entity. In fact, the Cosmetics and methods followed for beautification etc. falls under separate category and they are not permitted to use any medicinal ingredient having therapeutic / medicinal properties in cosmetics. Therefore, creating a separate category of Ayurvedic cosmetic is erroneous and conflicting with the approach adopted in three systems of medicines. Imagine for a moment can anybody think of introducing homeopathic or allopathic cosmetics. In fact, there could be several medicinal preparations in which the vehicles like water, syrups and cosmetic base is used as a vehicle to administer a medicine and use for convenience of its medicines.
d)
Many
Ayurvedic preparations manufactured and sold as creams, lotions etc. have been
very well accepted for its medicinal value and are licensed by the licensing
authorities as Ayurvedic medicines.
In view of above, we are of the
opinion that the proposal to incorporate additional category of Ayurvedic
cosmetics under the Drugs and Cosmetics Act is inconsistent with the Principles
of Ayurveda under the Drugs and Cosmetics Act, 1940 and Rules, 1945.
Ayurvedic products are technically based as botanical products and ingredient subtracts from plants. So they then cannot be called as Cosmetics.
