The Drugs and Magic Remedies (Objectionable Advertisements) Act,

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Dr. Prakash Chandra Gupta Assistant Professor University Institute of Pharmacy, CSJM University Kanpur

INTRODUCTION The Drugs and Magic Remedies (Objectionable Advertisements) Act came in force on 1st of April 1955 with objective of controlling the advertisements of drugs in certain cases and remedies that claim to have magical properties. This Act was amended in 1963. This Act controls advertising of drugs in India.

DEFINITION ‘Drug’ A medicine for the internal or external use of human beings or animals; Any substance intended to be used for or in the diagnostic, cure, mitigation , treatment or prevention of disease in human beings or animals; 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; Any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (i) and (iii);

‘Magic remedy’ . A talisman, mantra, 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 in any way the structure or any organic function of the body of human beings or animals; ‘Advertisement’ Advertisement’ 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.

PROHIBITION OF CERTAIN ADVERTISEMENT 1. 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: i) the procurement of miscarriage in women or prevention of conception in women; or ii) the maintenance or improvement of the capacity of human beings for sexual pleasure; or iii) the correction of menstrual disorder in women; or iv) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule J, or any other disease, disorder or condition which may be specified in the rules made under this Act.

. 2. No person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which: i) directly or indirectly gives a false impression regarding the true character of the drug; or ii) makes a false claim for the drug; or iii) is otherwise false or misleading in any material particular

. 3. No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purpose specified in (1) above Import and export of all the above advertisement is prohibited.

CLASSES OF EXEMPTED ADVERTISEMENT The following classes of advertisement are not prohibited under this act: Any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition is undertaken relating to which advertisement otherwise are prohibited; or Any advertisement relating to a drug which is sent confidentially in prescribed manner to Registered Medical Practitioner. Advertisement includes any book or treatise (a written or printed composition) dealing with any matter relating to the diseases.

. Any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1963 (42 of 1963). Advertisement relating to the drugs which comply with the required conditions as follows: i) Leaflets or literature along with packing’s of drug; or Advertisements of drugs in medicinal, pharmaceutical, scientific and technical journals. ii) Therapeutic index or price list published by licensed manufacturer, importer, or distributor of drug; or Medical literature distributed by Medical representatives.

. With the condition that- the advertisement should contain only the information, required for the guidance of registered medical practitioner regarding: therapeutic indications; route of administration, dosage and side effects of such drug or drugs ; and the precaution to be taken in treatment with the drug The distribution of such literature should be given to registered medical practitioner, dispensaries, hospitals, medical and research institutions, chemists and druggists or pharmacies.

OFFENCES AND PENALTY Whoever contravenes any of the provisions of this Act or the rules made there under shall, on conviction, be punishable: a) In the case of a first conviction, with imprisonment which may extend to six months or with fine, or with both; b) In the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both. If the person contravening any of the provisions of this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

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