Drugs and Magic Remedies (Objectionable

Advertisements), 1954 Act,1954

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Mr. Sagar Kishor SavaleMr. Sagar Kishor SavaleDepartment of Pharmaceuticsavengersagar16@gmail.com

2015-016

Department of Pharmacy (Pharmaceutics) | Sagar savale

Contents1. Introduction2. Objective3. Commencement4. Definitions

1. Advertisement2. Magic Remedies

5. Classes of Prohibited Advertisements6. Classes of Exempted Advertisements from this Act7. Exemption from Application of Act8. Offences and Penalties9. Conclusion10.References

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An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.

This act is not unconstitutional, because it does not interferes with private business and also it does not impose unreasonable restrictions.

Introduction

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Objective

The Act has been passed with the aim:

1. To control certain types of the advertisements relating to drugs,

2. To control certain kinds of advertisements relating to magic remedies which falsely claim and mislead public, and

3. To provide for matters related therewith.4

Commencement

It extends to the whole of India except the State of Jammu and Kashmir in 1954, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories

This Act has been extended to and brought into force in Dadra and Nagar Heveli (w.e.f. 1-10-63) by Ref. 6 of 1963, s.2 Sch. I.

This Act has been extended to Pondicherry by ReF. 7 of 1963, S. 3 and Sch. I (w.e.f. 1-10-1963)

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Definitions1.Advertisement:

Advertisement includes- (I) The printing of the advertisement,

(II) The publication of any 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.

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2. Magic remedies: "Magic Remedy " includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers:1.For or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals, and

2.For affecting or influencing in any way the structure or any organic function of the body of human beings or animals

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Classes of Prohibited Advertisements

1.Advertisements of drug for the treatment of certain diseases and disorders: E.g..

a. For the procurement of miscarriage or prevention of conception in women,

b. For the correction of menstrual cycle in women's,c. For the maintenance or improvement of the power

of human beings (sexual pleasure),d. For the diagnosis , cure , treatment or prevention

of : any disorder or condition specified in the schedule.

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2. Prohibition of misleading advertisements relating to drugs:Eg.The advertisements relating to a drug or drugs, which:

a) Directly or indirectly give the false impression regarding the true nature of the drugs,

(b) Make any false claims for such a drugs,

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3. Prohibition of advertisements of magic remedies for the treatment of certain diseases or disorders: Publication of any advertisements related to any magic remedy which directly or indirectly claims to be efficacious for any purposes is prohibited.

4. Prohibition of import into, and export from, India of certain advertisements:Import into, and export from India of any document containing of the nature referred to prohibition of misleading advertisements, and advertisements of magic remedies, for the treatment of certain diseases and disorders.

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Classes of Exempted Advertisements from this Act

The following classes of advertisements are not prohibited under this act:1.Any advertisements relating to the drugs printed or published by the government or any other person with prior permission of the government,

2. Any advertisement relating to a drug which is sent confidentially in the prescribed manner to registered medical practioner,

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3. Advertisements including any book or treatise dealing with any matter relating to the diseases, disorders or condition which are otherwise prohibited, provided published from bonafide scientific or social point of view,

4. Displayed signboards or notices by the registered medical practioner on his premises,

5. Advertisements relating to the drugs which comply with the required conditions as follows:(a) leaflets or literature along with packagings of drugs,

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(b) Advertisements of drugs in medicinal, pharmaceutical, scientific and technical journals,

(c) Therapeutic index or price list published by licensed, manufacturer, importer, and distributor.

6. Any advertisements relating to a drug printed or published with previous sanction of the govt. granted prior to the commencement of the drugs and magic remedies (objectionable advertisement) Act, 1954

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Exemption from Application of Act

The Central Government, for the public interest, may permit any advertisement of any specified Drugs or class of drugs by notification in the official gazette.

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Offences and Penalties

1.Contravention of any of the provision of this act or rules:

(a) Punishable with imprisonment up to 6 months or with fine or both : on first conviction

(b) Punishable with imprisonment up to 1 year or with fine or with both: on subsequent conviction. 15

2. In case of contravention of the provisions of the act by a company:Every person who, at the time of the commission of the offence, was in charge and responsible for the conduct of the company business shall be guilty and liable for the punishment.

However, such person is not liable for the punishment if he proves that the offence was committed without his knowledge or that he has taken all the precautions to prevent the commission of such offence.

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Conclusion

Drugs and magic remedies (objectionable advertisements) act 1954 has been concluded that this act was made for :

1.Prohibition of Advertisements of drug for the treatment of certain diseases and disorders,

2. Prohibition of misleading advertisements relating to drugs,

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3. Prohibition of advertisements of magic remedies for the treatment of certain diseases or disorders,

4. Prohibition of import into, and export from, India of certain advertisements.

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References1.

Http://www.commonlii.org/in/legis/num_act/damraa1954459

2. The Drugs & Cosmetic Rules 1955 vide Gazette Notification-85 (E) dated. 6.2.02.

3. The Drugs and Magic Remedies (Objectionable Advertisement) Rules: 1955

4. The Gazette of India. The Drugs and Magic Remedies (Objectionable advertisements) Act 1954. No. 21 of 1954.

5. Kuchekar’s forensic pharmacy , drug and magic remedies act, 1954, page no. 7.1 to 7.6

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