Law > Medical Jurisprudence > The Drugs and Magic Remedies (Objectionable Advertisements) Act
Advertisement and media are playing a significant role in our daily lives. Drug industries also promote their products using such unscrupulous methods, such as misleading the buyer. Many products are brought into the market without much research and data-based credibility. However, their advertisements claim success stories and even have testimonials from people to vouch for them. Many of them claim make the users fairer, increase the height of children miraculously, reduce weight and cure some diseases like diabetes and cancer etc. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act passed by the Parliament of India that regulates drug advertising in the country. The Act makes it illegal to market medications and treatments that claim to have magical powers, and it makes it a criminal offence to do so.
Need of the Act:
Before the enactment of this Act, there was no law to punish the unprincipled and unscrupulous people who were engaged in false advertisements and claimed miraculous health, particularly health. The people were engaged in false advertisements of various drugs
and medical remedies were also advertised without any fear. Their advertisements not only possessed a threat to society at large but also to the people who believed in such advertisements and acted accordingly. The government enacted strict rules to prevent the self-medication by the consumers regarding various diseases and conditions.
Important Definitions of the Act:
- Advertisement: According to Section 2(a) of the Act, “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;
- Drug: According to Section 2(b) of the Act, “drug‟ includes—
- a medicine for the internal or external use of human beings or animals;
- any substance intended to be used for or in the diagnosis, 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), (ii) and (iii);
- Magic Remedy: According to Section 2(c) of the Act, magic remedy‟ includes 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 for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;
- Registered Medical Practitioner: According to Section 2(cc) of the Act, “registered medical practitioner‟ means any person,—
- who holds a qualification granted by an authority specified in, or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956); or
- who is 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;
Prohibition of Advertising of Certain Drugs for the Treatment of Certain Diseases and Disorders:
Under Section 3 of the Act, advertisement of following drugs is banned
- the use of drugs will either results in procurement of miscarriage of women or it will prevent the conception of the women; or
- the use drug will either results in the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- drugs dealing with the menstrual disorder in women in; or
- drugs dealing with diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition which have been specified in the schedule or any other disease or condition as specified under the Drugs and Magic Remedies Objectionable Advertisement Act, 1954.
Prohibition of Misleading Advertisements Related to Drugs:
Section 4 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954 provides that no person shall take a part in the publication of advertisement relating to a drug if that advertisement contains any one of the matters, as mentioned below which may result either:
- directly or indirectly gives a false impression regarding the true character of the drug; or
- is engaged in making a false claim for the drug; or
- Is engaged in misleading in any material particular.
Prohibition of Advertisement of Magic Remedies for the Treatment of Certain Diseases and Disorders:
Section 5 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954 provides that no person shall be allowed to work on administering magic remedies and shall not engage themselves in the publication of the advertisement of magic remedies for the treatment of certain diseases and disorders as mentioned under Section 3 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954.
Prohibition Of Import Into, and Export from, India of Certain Advertisements:
Section 6 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954 states no person shall be allowed to import or export from, any documents which are prohibited under Section 3, 4 and 5 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954.
Penalty For Contravention:
Section 7 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954 states if any person contravenes the Act or any rules made under this Act are:
• For the first conviction, the person shall be liable for either imprisonment which may extend to six months or with fine or both if the situation arises.
• For the second time involving the same offence, the person shall be liable for either imprisonment which may extend to one year or with fine or both if the situation arises.
Jurisdiction to Try Offences:
Section 10 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954 states that no court inferior to that of a Presidency Magistrate of the first class shall be allowed to try an offence which is punishable under this act.