Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

Background:


The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 was enacted to prohibit misleading advertisements of drugs and remedies that claim to have magical or miraculous effects. The Act aims to protect consumers from false claims related to the diagnosis, cure, mitigation, or prevention of diseases, particularly serious or life-threatening conditions. It ensures that all advertisements regarding drugs and remedies are truthful, scientifically substantiated, and not deceptive.

Applicability:

The Act applies to:

  • It extends to the whole of India, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories.

Compliance requirement under the Act

  1. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders (Section 3)

No person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for specified purposes in the Act. This includes:

    • Procurement of miscarriage in women or prevention of conception in women;
      b. Maintenance or improvement of the capacity of human beings for sexual pleasure;
    • Correction of menstrual disorder in women;
    • Diagnosis, cure, mitigation, treatment or prevention of any disease, disorder, or condition specified in the Schedule, or any other disease, disorder, or condition specified in rules made under this Act.

 

  1. Prohibition of misleading advertisements relating to drugs (Section 4)
    No person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
    • Directly or indirectly gives a false impression regarding the true character of the drug;
    • Makes a false claim for the drug;
    • Is otherwise false or misleading in any material particular.

 

  1. Prohibition of import into, and export from, India of certain advertisements (Section 6)
    Prohibition of import into, and export from, India, of any documents containing an advertisement of the nature referred to in Section 3, Section 4, or Section 5 of this Act.

Penalties & Punishments

On contravention of any of the compliance:

  1. In the case of the first conviction, with imprisonment which may extend to six months, or with
    fine, or with both;
  2. In case of a subsequent conviction, with imprisonment which may extend to one year, or
    with fine, or with both

Conclusion

The Act serves as a regulatory framework to prevent the circulation of misleading claims in advertisements of drugs and remedies. Compliance is mandatory for advertisers and manufacturers, and violations can lead to penalties, including fines and imprisonment. This legislation is crucial for safeguarding public health and ensuring that consumers make informed decisions based on accurate information.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 32

Schedule A Demo