The Drugs and Magic Remedies (Objectionable Advertisement) Act 1954

The Drugs
and Magic Remedies (Objectionable Advertisement) Act 1954

Contents

       Study
of salient features of drugs and magic remedies act and rules, Schedule J.

       Classes
of prohibited and exempted advertisements. Offences and penalties.

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

  1. 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

  2. 2.
    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

  3. 3.
    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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