Summary:India’s sexual wellness industry operates under a regulatory paradox wherein products are permitted to be legally sold, but advertising is restricted. This situation arises due to outdated obscenity laws, inconsistent enforcement, restrictive platform policies, and the lack of a dedicated regulatory framework, despite judicial progress and confirmation that such products are not classified as medical devices.
Introduction
India’s sexual wellness industry has grown rapidly, with products such as sex toys, lubricants, intimate care items representing one of the country’s fastest-growing lifestyle categories. Although taboos around sexual narratives persist, market data indicates a rapid shift towards greater acceptance and increased consumption of sexual wellness products among Indian consumers.
Interestingly, this growth has exposed the absence of a well-organised regulatory regime for the commercial sale and marketing of such products. Sexual wellness brands are getting entangled in the maze of outdated statutes, inconsistent enforcement, and restrictive advertising policies that create significant uncertainty. This article examines the present regulatory structure for the marketing and sale of sexual wellness products in India, or the lack thereof.
In search of a dedicated regulatory regime
The sexual wellness market, including innovative startups to established e-commerce platforms that are now incorporating sexual wellness into their lifestyle segments, faces severe restrictions on advertising and promotional activities. Such hinderances limit a brand’s ability to showcase product benefits, educate potential consumers, and build brand awareness through conventional marketing channels. Thus, the sexual wellness market battles with a paradox – you can sell a product, but you cannot advertise it.
Given the constraints associated with advertising sexual wellness products, it is reasonable to expect a dedicated regulatory regime outlining the do’s and don’ts for such marketing. Except, there is no statute explicitly prohibiting the sale, advertisement or use of sexual wellness products or sex toys. Instead, the restrictions and the contours of regulations may emanate from a melange of laws that were curated for entirely different purposes – laws aimed at curbing obscenity or preventing misleading health claims.
Criminalisation of Advertisement
Section 292 of the Indian Penal Code, 1860 (now repealed)[1], criminalised the sale, distribution, or exhibition of “obscene” objects. The broad provision could be applied to sexual wellness products when deemed “lascivious” by enforcement authorities. The interpretation of obscenity has fortunately evolved through judicial intervention. While the courts initially applied the Hicklin test, an antiquated British-era standard, it was replaced after the Hon’ble Supreme Court’s landmark decision in Aveek Sarkar v. State of West Bengal[2](2014), which provided for a “community standards” approach under which assessment of obscenity is based on context and intent. This shift marked the transition from evaluating obscenity through a Victorian-era lens to a more progressive yardstick of present standards.
Section 294 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 67 of Information Technology Act, 2000, criminalise public distribution and digital transmission of obscene material, extending the realm of traditional obscenity into the digital sphere, thereby imposing greater restrictions on online marketers and e-commerce platforms. This explains why vibrators are advertised as ‘massagers’ to avoid regulatory scrutiny.
Similarly, the Drugs and Magic Remedies Act, 1954, prohibits advertisements claiming to enhance sexual prowess or treating sexual dysfunction, which could potentially bring sexual wellness products within the radar of the enforcement authorities if the claims for such products are vague – for instance, increase in sexual pleasure or satisfaction could be understood as enhancing sexual prowess.
The Customs confusion
Customs authorities routinely seize imported sexual wellness devices, classifying them as obscene objects despite their legal sale domestically. The said restriction emanates from the prohibition of import of any “obscene or indecent” article. In a recent case, the Delhi High Court castigated the Customs Department for harassing a licensed sex toys importer (who had described them as massagers) and even imposed a fine on an official for improper seizure.[3] The CESTAT tribunal has also consistently held that such items as not per se ‘obscene’ and there should be a contextual, and community-standard-based evaluation, rather than subjective prohibition.[4]
When the algorithm gatekeeps
Beyond the restrictions imposed by the law, platforms such as Meta (Facebook/ Instagram) and Google also impose their own restrictive advertising policies that severely constrain sexual wellness brands. These platform-specific rules often prove more restrictive than the law, creating an additional layer of compliance complexity. Platform policies generally require that sexual wellness advertisements focus on health benefits and forbid any explicit references to pleasure, intimacy, or sexual satisfaction, which eventually distorts product promotion, forcing brands to communicate only a narrow subset of actual consumer benefits.
Platform algorithms automatically flag or reject advertisements even when the content is medically accurate, health-focused, and legally compliant. This algorithmic moderation operates with limited transparency, frequently misclassifying legitimate educational content as adult material.
Sex toys like massagers are not medical devices
Notably, sexual wellness products, such as massagers, intended solely for sexual wellness — without any claims of treating diseases or providing therapeutic benefits, are not classified as medical devices.[5] Further, the Delhi High Court has also reiterated this stance recently in the TECHSYNC customs case[6]. This distinction, while pushing towards some regulatory clarity, paradoxically underscores the absence of an appropriate framework — if these products are neither medical devices nor prohibited goods, what regime should govern their promotion and sale?
Conclusion
India’s sexual wellness industry is a textbook example of a fundamental tension between economic potential, taboo culture, and regulatory clarity. The market has demonstrated substantial growth capacity, which reflects changing social attitudes and evolving consumer choices. Yet, this change is engulfed by a legal framework, the contours of which are unascertainable — outdated statutes, inconsistent enforcement, and severe marketing restrictions that constrain industry development.
Judiciary seems to be moving towards updating the legal standards, as is reflective in Aveek Sarkar and the subsequent cases, clarifying product categorisation for Custom officials. However, such judicial intervention is not enough for addressing sector-wide challenges.
With digital marketing now essential for commercial success in every sector, the restrictions imposed upon the sexual wellness industry create a significant competitive disadvantage, restrict consumer choices, and hinder the industry’s growth. The industry continues to operate at the intersection of legislative ambiguity, regulatory uncertainty, platform policy constraints, and evolving judicial interpretation, which is a complex landscape that defines the current state of sexual wellness commerce in India.
[1] As of July 1, 2024, the Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita (BNS). 2023. While the substance of Section 292 remains, it is now prosecuted under the corresponding BNS section, Section 294.
[2] Aveek Sarkar & Anr v. State of West Bengal and Anr (2014) 4 SCC 257 (Supreme Court of India)
[3] Techsync v. Superintendent of Customs SIIB ACC Imports, 2025 SCC OnLine Del 8725
[4] Seema Rubesh Shah v. Commissioner of Customs-Nhava Sheva (CESTAT, 2023)
[5] FAQ no. 51, Central Drugs Standard Control Organization (Medical Devices Division), Frequently Asked Questions ( MDfAq24.pdf)
[6] Techsync v. Superintendent of Customs SIIB ACC Imports, 2025 SCC OnLine Del 8725