Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. Objectives, Definitions, Prohibition of certain advertisements, Classes of Exempted Advertisements, Offences and Penalties. Subject Pharmacy Law and Ethics.

Drugs and Magic Remedy Act 1954 (Objectionable Advertisement Act)

Objectives

To Control the Advertisement of drugs in certain cases and prohibit advertisements related to remedies claiming to possess magical power.

Definitions

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

• 2. Drug: drug‟ includes:

  • (i) a medicine for the internal or external use of human beings or animals;

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

  • (iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;

  • (iv) any article intended for use as a component of any medicine, substance, or article, referred to in (i), (ii), and (iii);

• 3. Magic Remedy‟ A magic remedy‟ includes a talisman, mantra, kavacha, and any other charm of any kind that 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 for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;

• 4. Registered Medical Practitioner: registered medical practitioner‟ means any person:

  • (i) who holds a qualification granted by an authority specified in, or notified under section 3 of the Indian Medical Degrees Act, 1916, specified in the Schedules to the Indian Medical Council Act, 1956 OR

  • (ii) Entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends relating to the registration of medical practitioner.

Prohibited Advertisement

1. Section 3 of the Drug and Magic Remedy Act 1954 prohibits the advertisement of certain drugs for the treatment of certain diseases and disorders

   • a. The procurement of miscarriage in women Or

   • b. Prevention of conception in women Or

   • c. The maintenance or improvement of the capacity of human beings for sexual pleasure Or

   • d. The correction of menstrual disorder in women; Or

   • e. The diagnosis, cure, mitigation, treatment, or prevention of any disease, disorder, or condition specified in Schedule J, Or

   • f. Any other disease, disorder, or condition (by whatsoever name called) which may be specified in the Drug and Magic Remedy Act and rules

2. Section 4 of the Drug and Magic Remedy Act 1954 states the prohibition of misleading advertisements relating to drugs. No person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters that:

   1. a. Directly or indirectly gives a false impression regarding the true character of the drug; Or

   2. b. Makes a False claim for the drug; Or

   3. c. False or misleading in any material particular.

3. 3. Section 5 of the Drug and Magic Remedy Act 1954 states the prohibition of the advertisement of magic remedies for the treatment of certain diseases and disorders.

   1. a. No person shall take any part in the publication of any advertisement related to any magic remedy that directly or indirectly claims to be efficacious for any of the diseases, disorders, or purposes specified in section 3 of the Drug and Magic Remedy Act 1954.

4. 4. Section. 6 of the Drug and Magic Remedy Act 1954 states:

   1. Prohibition of certain advertisements to import into India and export from India. No person shall import into India or export from India any documents containing an advertisement related to diseases, disorders, or purposes mentioned in section 3, section 4, or section 5.

   2. Any document containing any such advertisements shall be deemed to be goods has been prohibited under section 19 of the Sea Customs Act, 1878. The provisions of that Act shall be applicable accordingly.

Penalty

1. Section 7 of the Drug and Magic Remedy Act 1954 states the following

   1. If anyone contravenes any of the provisions of this Act and rules shall be punishable

      1. (a) First conviction: Imprisonment up to six months, or with fine, or with both;

      2. (b) Subsequent conviction: imprisonment up to one year, with a fine, or with both.

   2. The officer in charge of the company shall be responsible for offenses committed under the Drugs and Magic Remedies Act 1954. He shall not be responsible if it is proved that the offense committed was not in his knowledge. He has exercised his diligence to stop the commission of the offense.

2. State government authorizes its officers to enter into any place and search at any reasonable time to detect any activity against the Drugs and Magic Advertisement Act and rule provisions. Officers can enter these places alone or with assistance. He can seize and detain any documents, articles, or things if he has a reasonable opinion to do so. The court may order to seize all these if the offense is proved under the Drugs and Magic Remedy Act and Rules. Officers deputed for this purpose by the state government shall be deemed to be public servants under section 21 of the Indian Penal Code

3. Publishers or agencies advertising prohibited advertisements shall not be punished for publication or advertisement of prohibited advertisements. But if they do not comply with instructions issued by officers to provide the name and address of the manufacturer, packer, or distributor of products advertised then they shall be liable for punishment.

Exempted Advertisements

1. The central government can exempt the prohibition of advertisement if the Central government has an opinion that the advertisement of a particular drug is in the best interest of the public. In this condition provisions of prohibition of advertisement related to Sections 3, 4, and 5 of the Drugs and Magic Remedy Act shall not be applicable.

2. Prohibition to advertise under Sections 3, 4, and 5 of the Drugs and Magic Remedy Act 1954 shall not be applicable in the following conditions

   1. A registered medical practitioner can display signboards or notices on their premises that may indicate treatment of diseases or disorders mentioned in Sections 3, 4, and 5 of the Drug and Magic Remedy Act 1954.

   2. Books and treatises published for bonafide scientific purposes or social standpoints can publish advertisements related to Sections 3, 4, and 5 of the drug and Magic Remedy Act 1954.

3. Manufacturers or dealers of drugs can send advertisements related to drugs confidentially to registered medical practitioners. These advertisements are sent through posts or delivered personally. Top of documents containing such advertisements should have the words “For the use of registered medical practitioner only”.

4. Any other person can publish or display advertisements related to drugs after due permission from the central government or state government. For permission, the applicant applies to the government for permission with A trademark of the drug and a reason to advertise. The government grants permission to advertise after satisfying that reason to advertise said drug is in the best interest of the public.

5. Some advertisements, labels, or sets of instructions are permitted under the Drug and Cosmetic Act of 1940.

6. Following classes drugs are permitted to be advertised subject to some conditions to be followed.

i. Package of Drugs containing leaflets or literature Or

ii. Medical Journals, Pharmaceutical Journals, Scientific Journals, and Technical Journals containing advertisements of drugs

Conditions:

Only such information that guides registered medical practitioners related to the following

1. · Therapeutic uses of drugs

2. · Route of administration of drugs

3. · Dosage of drugs

4. · Side effects of Drugs

5. · Precautions to be taken during the dosage period of Drugs

6. Responsibility for the correctness of information shall be on advertisers. It should not be false, misleading, or exaggerated information.

iii. Manufacturers, distributors, and importers of drugs licensed under the Drugs and Cosmetics Act can publish price lists or therapeutic indexes of drugs.

Conditions

Only such information guides registered medical practitioners related to the following

• a. Therapeutic uses of drugs

• b. Route of administration of drugs

• c. Dosage of drugs

• d. Side effects of Drugs

• e. Precautions to be taken during the dosage period of Drugs

• Responsibility for the correctness of information shall be on advertisers. It should not be false, misleading, or exaggerated information

Such price list and therapeutic index should distributed confidentially to

• a. Registered medical practitioners,

• b. Hospitals,

• c. Dispensaries,

• d. Medical Institutions,

• e. Research Institutions,

• f. Chemists and druggists licensed under the Drugs and Cosmetics Act and rules,

• g. Pharmacies licensed under the Drugs and Cosmetics Act and Rules.

Alok Bains