The Drugs and Magic Remedies (Objectionable Advertisement) Act 195
Intended Learning Outcomes
At the end of this lecture, the student will be able to:
• Explain the objectives of the act
• List the diseases that cannot be cured
• Explain prohibited and exemptted advertisements
Objectives
• The Drugs and magic remedies act came into force
on 1st April 1955
• The objective is to prohibit certain kinds of advertisements relating to drugs and magic remedies which make false claims and are likely to mislead the public
• The prohibitions do not apply to the advertisements sent to medical practitioners or chemists or advertisements made on behalf of the governments
• The act extends to the whole of India except the
state of Jammu and Kashmir
Definitions
- Advertisements: are defined to include all notices, circulars, labels, wrappers or other documents and all documents and all announcements made orally or by means of producing or transmitting light, sound or smoke
- Drugs: include substances intended for the diagnosis , cure, mitigation, prevention or treatment of diseases in human beings or animals or for altering any structure or functions of the body of human beings or animals except food articles
- Magic remedies: includes talismans, mantras, kavachas and substances or charms of any kind which claim to possess miraculous powers of prevention or cure of diseases or of affecting or altering any of the functions of the bodies of human beings or animals
Prohibited advertisements
The following classes of advertisements are prohibited to be
made under the act:
• Advertisements relating to drugs , which are likely
to lead to their use in the following ailments or conditions:
a) The procurement of miscarriage in women or prevention of conception in women
• Advertisements relating to drugs , which are likely to lead to their use in the following ailments or conditions:
b) The maintenance or improvement of the capacity of human beings for sexual pleasure;
c) The correction of menstrual disorder in women; or
d) The diagnosis, cure, mitigation, treatment or prevention
of any disease, disorder or condition specified in the Schedule J
2. Advertisements which directly or indirectly give false
impression regarding the true character of the drug or make any false claims for it or are otherwise false and deceptive
3. Advertisements relating to magic remedies claiming their
efficacy for any of diseases listed in Sch J
Schedule J
• The Schedule J of the Drugs and Cosmetics Act 1945 of India- contains a list of diseases and ailments which a drug may not claim to prevent or cure
Exempted advertisements
• Sign boards or notices, displayed by the RMP on
their premises indicating that treatment is undertaken for the diseases or disorders, advertisements relating to which are otherwise prohibited
• Book or treatises related to diseases, ailments-
provided they are published from bonafide scientific or social standpoint
• Advertisements relating to drugs which are sent
confidentially, in the prescribed manner, to RMP ( with the label “ For the use of Registered Medical Practitioners”)
• Advertisements relating to drugs printed or published
by the govt. or by any other person, with the prior permission of govt.
• Advertisement, labels or sets of instructions which are permitted under the D& C act
Penalties
• Imprisonment which may extend upto 6 months or a
fine or both on first conviction
• Imprisonment upto one year or a fine or both on
any subsequent conviction
The people at Andhashraddha Nirmoolan Samiti (ANS) have
published some illustrations to further awareness on the recently passed Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman Evil and Aghori Practices and Black Magic Act,
Summary
• The Drugs and magic remedies act came into force
in 1955
• The objective is to prohibit certain kinds of advertisements relating to drugs and magic remedies which make false claims and are likely to mislead the public
• Prohibited advertisements: classes of advertisements that are prohibited
• The Drugs and magic remedies act came into force
in 1955
• The objective is to prohibit certain kinds of advertisements relating to drugs and magic remedies which make false claims and are likely to mislead the public
• Prohibited advertisements: classes of advertisements that are prohibited
• Exempted advertisements: not prohibited provided
they follow certain conditions
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