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Sunday, August 30, 2020

Drug and Magic remedies act 1955 complete notes

 

In recent years there has been a great increase in the number of objectionable advertisements published in newspapers and magazines etc relating to alleged cures for venereal diseases, sexual stimulants and about diseases and conditions peculiar to women.


 These advertisements tend to cause the ignorant and the inattentive to resort to self-medication with harmful drugs and appliances, or to resort to quacks who indulge in such advertisements for treatments which cause great harm to the health of individuals. It was necessary in the public interest to put a stop to such undesirable and harmful advertisements.


Drug-and-remedies-act-jurisprudense
drug and Magic remedy


 Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 was passed with the objective of controlling the advertisements of drugs in certain cases, to prohibit the advertisement for certain purposes for remedies alleged to possess magic qualities and to provide for related matters. The scope and object of the Act is to prevent self-medication or self-treatment and for that purpose advertisements commending certain drugs and medicines have been prohibited.



The Drugs and Magic Remedies Act was passed on 1st April, 1955 and extends to the whole of India except the State of Jammu and Kashmir 


Definitions : 


Advertisement: includes any notice. circular, label, wrapper, or other document, and any announcement made orally or by means of producing or transmitting light, sound or smoke. 


Drug  inciudes:

(a) medicines for the internal or external use of human beings or animals


 (b) any substance intended to be used for or in the  diagnosis, cure, mitigation, treatment or prevention of disease human in beings or animals

 

 (c) any article, other than food, intended affect or influence in any way the structure or any organic function of the body of human beings

 

(d) any article intended for use as a component of any medicine, substance or article referred to in (a) (A) and (c) above.


Definition Magic remedy: includes a mantra, talisman, kavacha and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or influencing or for affecting in any way the structure or any organic function of the body of human beings or animals. 


Taking part in the publication of any advertisement includes:


 (a) the printing of the advertisement; and 


(b) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories. 

 

 ProhIbited Advertisements 

Classified in 4 section


1. Section 3


2. Section 4


3. Section 5


4. Section 6


 1. No person can take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to use of that drug for:- 

 

(a) procurement of miscarriage in woman, or prevention of conception in woman; or 


(b) maintenance or improvement of capacity of human beings for sexual pleasure; or 


(c) correction of menstrual disorder in woman; or


 (d) diagnosis, treatment mitigation, cure, or prevention of any disease. Any condition or disorder specified in Schedule J of the Drugs and Cosmetics Rules, 1945. 

 

2. No person shall take part in the publication of any advertisement relating to a drug if the advertisement contains any  matter which:-


(a) directly gives a false impression regarding the true character of the drug; or


 (b) makes a false claim for the drug or medicine

 

 (c) misleading in particular material .

 

 3 No person carrying on or purporting to carry on the profession of advertising magic remedies should take part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified at (1) above. 

 

4. No person shall take 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 diagnosis, cure, mitigation, treatment or prevention of any disease, disorder condition in Asthma and AIDS. 


 Import and export of all the above mentioned advertisements is prohibited. 


Exempted Advertisements 


 Advertisements are permitted (not prohibited) if made in the manner mentioned below:-


 (a) Any sign board or notice displayed by a RMP on his premises indicating that the treatment for any disease, disorder or condition is undertaken relating to which advertisements are otherwise prohibited; or

 

 (b) Any treatise or book dealing with any of the matters relating to the diseases or conditions which are otherwise prohibited to be advertised, provided they are published from a bona fide scientific or social standing; or

 

 (c) Any advertisement relating to any drug sent confidentially to a RMP; or

 

 (d) Any advertisement relating to a drug printed or published by the Government, or by any person with the prior permission of the Government. 

 

In public interest, the Central Government may permit the advertisement of any specified drug or classes of drugs which may be otherwise prohibited under the Act. 


(e) Any advertisement, labels or sets of instructions which are permitted under the Drugs and Cosmetics Act or Rules.


Offences and Penalties 


Contravention of any provision of the Act is punishable with imprisonment upto 6 months or fine or both on first conviction, and imprisonment upto 1 year or fine or both on any subsequent conviction. Any document, article or thing in respect of which the contravention is made, can also be forfeited.

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