Unit 4 DRUG AND MAGIC REMEDIES Jurisprudence pptx

According to PCI Syllabus

1. Unit 4 The Drug And Magic Remedies (Objectionable Advertisement) Act, 1954 2. Prevention Of Cruelty To Animals Act-1960 3. National Pharmaceutical Pricing Authority Presented By: Prof. Gunjan P. Malode Assistant Professor DRGIOP, Amravati.

2. The Drug And Magic Remedies (Objectionable Advertisement) Act, 1954 Objectives, Definitions, Prohibition of certain advertisements, Classes of Exempted advertisements, Offences and Penalties

3. The Drug And Magic Remedies (Objectionable Advertisement) Act, 1954 Introduction It is seen in India that some persons are selling magic remedies such as kavachas , mantras , talismans , etc., and claiming them as universal treatment for any disease , etc. Likewise , advertisements in magazines, newspapers, and on premises of some doctors, hakims, or vaids are also found claiming to cure diseases not cured by any other drug or treatment . These tricks are mainly applied on the innocent people, and they end up wasting their time and money, also damaging their health, and sometimes premature death. The Drugs and Magic Remedies Act, 1954 is passed for regulating the advertisements of some drugs , and the advertisements of remedies having qualities of magic .

4. Objectives To control some of the drug related advertisements which can mislead the public. To prohibit certain kind of advertisements related to magic remedies which make false claims and are likely to mislead the public .

5. Definitions Advertisement - Any notice, circular, label, wrapper, any announcement in orally of by means of producing transmitting sound and light. Drug – any chemical substances or medicines are used for internal or external treatment of human beings or animals or used for diagnosis, cure, mitigation, treatment or prevention of disease or other than food that influence in structure or organic function of the body.

6. Definitions Magic remedy – This includes a talisman (a ring or stone that bring luck), mantra, kavacha have miraculous power or in the cure, diagnosis, treatment or influencing any structure or organic function of the body. Registered medical practitioner - 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.

7. Prohibition of Advertisements : Certain drugs for treatment of certain diseases and disorders (Section 3) Misleading advertisements relating to drugs (Section 4) Magic remedies for treatment of certain diseases and disorders (Section 5)

8. a) Certain drugs for treatment of certain diseases and disorders: No person shall not take part in the publication of any advertisement relating to any drug in terms which suggest i ) Miscarriage or prevention of conception in women or ii) Maintenance or improvement of the sexual pleasure of human beings or iii) Rectification of menstrual disorder in women or iv) Diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule .

9. b) Misleading advertisements relating to drugs: Any person shall not take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which— i ) directly or indirectly gives a false brand regarding the true character of the drug ; or ii) makes a false claim for the dr ug ; c) Magic remedies for treatment of certain diseases and disorders. Any person shall not take any part in the publication of advertisement related to any magic remedy which directly or indirectly claims to efficient for purposes of specified in section (a).

10. Classes of Exempted Advertisements:  Any registered medical practitioner has displayed advertisement on sign board or notice his buildings showing that treatment of any disease or disorder.  Any matter related to the disease or disorder showing on the book or treatise .  Any advertisement relating to any drug sent confidentially (by posting) to the registered medical practitioner or whole seller or retail chemist and showing the specification “For the use only of registered medical practitioner or a hospital or a laboratory”.  Any advertisement relating to a drug printed or published by the state or central govt.  Any advertisement, labels or sets of instruction are permitted under the Drugs and Cosmetics Act and Rules.

11. Sr. No. Category of Advertisement Description / Condition 6 Advertisement by Registered Medical Practitioner When a registered medical practitioner displays a signboard or notice at his clinic/building showing treatment of a disease or disorder . 7 Books or Treatises Any matter related to a disease or disorder published in a book or treatise. 8 Confidential Advertisements Advertisements sent confidentially (by post) to a registered medical practitioner, wholesaler, or retail chemist bearing the label — “For the use only of registered medical practitioner or a hospital or a laboratory.” 9 Government Publications Any advertisement related to a drug printed or published by the State or Central Government. 10 Permitted under Drugs & Cosmetics Act Any advertisement, label, or set of instructions permitted under the Drugs and Cosmetics Act and Rules. Classes of Exempted Advertisements (Under Drugs and Magic Remedies Act)

12. Sr. no. OFFENCES PENALTIES 1 First conviction: Whoever contravenes any provision of this act or rules Imprisonment up to 6 month or with fine or both 2 Second conviction: Subsequent of the first conviction Imprisonment up to one year or fine or both any subsequent 3 By company: Every person who at the time of commission of the offences was in charge and responsible for the conduct of company business liable for the punishment. However such person is not liable for the punishment if he proves that offences was committed without his knowledge or that he has taken all the precaution to prevent the commission.