The Drugs And Magic Remedies Act 1954 and Rules 1955-.pptx

Advertising has become an inseparable part of modern life, evolving with new methods like TV, internet, and mobile promotions.
While effective, excessive advertising by industries such as drugs and cosmetics raises ethical concerns.
Ethical advertising is acceptable, but misleading ads can harm users, especially in the case of medicines.
Unlike other commodities, false drug advertisements may worsen health conditions, which is why drug ads are intended for medical professionals rather than the general public.
In India, many people exploit public ignorance by selling fake remedies, charms, and miracle cures, often promoted in streets, newspapers, and magazines. Innocent people fall victim, wasting time and money, harming their health, and in severe cases, losing their lives prematurely.

1. DRUGS AND MAGIC REMEDIES (Objectionable Advertisements) ACT, 1954 AND RULES 1955 By D. CHAND BASHA M.Pharm ( P.h.d )

2. INTRODUCTION Advertising has become an inseparable part of modern life, evolving with new methods like TV, internet, and mobile promotions. While effective, excessive advertising by industries such as drugs and cosmetics raises ethical concerns. Ethical advertising is acceptable, but misleading ads can harm users, especially in the case of medicines. Unlike other commodities, false drug advertisements may worsen health conditions, which is why drug ads are intended for medical professionals rather than the general public. In India, many people exploit public ignorance by selling fake remedies, charms, and miracle cures, often promoted in streets, newspapers, and magazines. Innocent people fall victim, wasting time and money, harming their health, and in severe cases, losing their lives prematurely.

3. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 was enacted to curb misleading advertisements about drugs, alleged cures, and remedies claiming magical properties. Such advertisements encouraged self-medication, use of harmful drugs, or reliance on quacks, causing public harm. The Act’s main purpose is to prevent self-medication and unethical advertising by prohibiting promotion of certain drugs and remedies. It does not violate free speech as it safeguards public health. The Act came into force on 1st April 1955 , later amended in 1963 , and applied across India except Jammu & Kashmir. It prohibits advertisements of drugs connected with diseases listed in Section 3, as well as any unethical or objectionable promotions that may encourage unsafe self-treatment.

4. OBJECTIVES The act has been passed with the aim, (1) to control certain types of the advertisements relating to drugs, and (2) to prohibit certain kinds of advertisements relating to magic remedies; which falsely claim and mislead public, and (3) to provide for matters related therewith.

5. DEFINATIONS 1. Advertisement: It includes, (1) any notice, circular, label, wrapper or otherwise such document, and (2) any announcement made orally or by means of producing or transmitting light, sound or smoke. 2. Magic Remedy: It includes a Talisman, Mantra, Kavacha, and any other charm claiming to possess miraculous powers: (a) for diagnosis, treatment and prevention of any disease in human beings or animals, or (b) for affecting or altering the structure or organic function of the body or animal. 3. Drug: It includes the followings: (1) A medicine for the internal or external use of human beings or animals, (2) A substance intended for the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals. (3) An article (other than food), which affects or alters the structure or organic function of the body of human being or animals. (4) An article used as a component of any medicine.

6. Section 3 does not directly mention magic cures but the Act prohibits advertisements of magic remedies. Health, sociability, or beauty remedies are not banned unless they falsely claim immediate/miraculous cures . Example: “Breast Beauty Bust Development” is not objectionable under the Act. Main object : Ban advertisements of drugs/magic remedies claimed as medicines for diseases listed under Sections 3 & 4. Not prohibited : Spiritual, supernatural, or astrological claims. Astrology ads are not an offence. TV discussions are not treated as advertisements.

7. 4. Registered Medical Practitioner: It means any person, ( i ) who holds a qualification granted by an authority specified in, or notified under, Sec. 3 of the Indian Medical Degrees Act, 1916 or specified in the schedules to the Indian Medical Council Act, 1956, or (ii) 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.

8. Prohibition of Certain Advertisements General Ban – No advertisement should suggest drug use for: Procuring miscarriage or preventing conception in women. Enhancing sexual capacity or pleasure. Correcting menstrual disorders. Diagnosing, curing, treating, or preventing any disease/disorder listed in the Schedule (e.g., certain serious illnesses). 👉 Exception: If an ad is accurate and not misleading (e.g., chloroquine recommended only for malaria fever), it is not a violation . False/Misleading Ads Prohibited – Any drug ad is banned if it: Gives a false impression about the drug. Makes false claims . Is misleading in any material way . Magic Remedies – No person should advertise magic remedies claiming cure/treatment of scheduled conditions. Disease-Specific Ban – No ads allowed suggesting drug use for: Diagnosis, cure, treatment, prevention of Asthma, AIDS , or other notified diseases. ⚖️ Court View: Words like “any other disease” (open-ended) give excessive power to executive , hence considered ultra vires (beyond authority).

9. Names of Diseases, disorders and conditions as per the Schedule to this Act: Appendicitis, Arteriosclerosis, Blindness, Blood poisoning, Bright's disease, Cancer, Cataract, Deafness, Diabetes, Diseases and disorders of brain, Optical system and uterus, Disorders of menstrual flow, Nervous system and prostatic gland, Dropsy, Epilepsy, Female diseases (in general), Fevers (in general), Fits, Form and structure of female bust, Gall stones, Kidney stones and bladder stones, Gangrene, Glaucoma, Goitre, Heart diseases, High or low blood pressure, Hydrocele, Hysteria, Infantile paralysis, Insanity, Leprosy, Leucoderma, Lockjaw, Locomotor ataxia, Lupus, Nervous debility, Obesity, Paralysis, Plague, Pleurisy, Pneumonia, Rheumatism, Ruptures, Sexual impotence, Small pox, Stature of person, Sterility in women, Trachoma, Tuberculosis, Tumours, Typhoid fevers, Ulcers of the gastro-intestinal tract, Veneral diseases including syphilis, Gonorrhoea, Soft chancre, Veneral granuloma and Lymphogranuloma.

10. Classes of Exempted Advertisement Following classes of advertisements of drugs are exempted 1. Any advertisement relating to section 3 of the Schedule made by Registered Medical Practitioner at his own premises. 2. Any book or treatise written with the scientific or social standpoint. 3. Any advertisement made by the Government. 4. Any advertisement made by any person with the prior sanction of State Government but only up to specified period. 5. Any advertisement sent to Registered Medical Practitioner in the confidential manner.

11. Offences and Penalties 1. Any person who contraverses any of the provisions of this Act shall be punishable with an imprisonment or with fine or with both. The penalty for first conviction is imprisonment for six months or fine or both. For subsequent conviction, the penalty is imprisonment for one year or fine or both. 2. In case of contravention of the provisions of this Act by a company, every person who at the time of commission of the offence was in charge and responsible for the commission of the offence, shall be punishable. Provided that such person will not held to be guilty only if it is satisfied that the offence has been committed without his due knowledge and he has tried to avoid such offence.