The Drugs and Magic Remedies (Objectionable Advertisement) Act 1954

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The Drugs and Magic Remedies
(Objectionable Advertisement) Act
1954
Contents

• Study of salient features of drugs and magic remedies act and
rules, Schedule J.

• Classes of prohibited and exempted advertisements. Offences
and penalties.

 

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Intended Learning Outcomes

 

At the end of this lecture, the student will be able to:

•Explain the objectives of the act

•List the diseases that cannot be cured

•Explain prohibited and exempted advertisements

 

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Objectives

• The Drugs and magic remedies act came into force on 1st April
1955
• The objective is to prohibit certain kinds of advertisements
relating to drugs and magic remedies which make false claims
and are likely to mislead the public

 

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Objectives
•The prohibitions do not apply to the advertisements sent to
medical practitioners or chemists or advertisements made on
behalf of the governments
•The act extends to the whole of India except the state of
Jammu and Kashmir

 

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Definitions
1. Advertisements: are defined to include all notices, circulars,

labels, wrappers or other documents and all documents and

all announcements made orally or by means of producing or

transmitting light, sound or smoke

 

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Definitions
2. Drugs: include substances intended for the diagnosis , cure,

mitigation, prevention or treatment of diseases in human

beings or animals or for altering any structure or functions of

the body of human beings or animals except food articles

 

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Definitions

3. Magic remedies: includes talismans, mantras, kavachas and

substances or charms of any kind which claim to possess

miraculous powers of prevention or cure of diseases or of

affecting or altering any of the functions of the bodies of

human beings or animals

 

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Prohibited advertisements
The following classes of advertisements
are prohibited to be made under the act:
• Advertisements relating to drugs , which are likely to lead to
their use in the following ailments or conditions:
a) the procurement of miscarriage in women or prevention of
conception in women

 

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Prohibited advertisements
• Advertisements relating to drugs , which are likely to lead to
their use in the following ailments or conditions:
b) the maintenance or improvement of the capacity of human
beings for sexual pleasure;

 

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Prohibited advertisements

c) the correction of menstrual disorder in

women; or

d) the diagnosis, cure, mitigation,

treatment or prevention of any

disease, disorder or condition

specified in the Schedule J

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Prohibited advertisements

2. Advertisements which directly or indirectly give false

impression regarding the true character of the drug or make

any false claims for it or are otherwise false and deceptive

3. Advertisements relating to magic remedies claiming their

efficacy for any of diseases listed in Sch J

 

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Schedule

•The Schedule J of the Drugs and Cosmetics Act

1945 of India- contains a list of diseases and ailments

which a drug may not claim to prevent or cure

• The Drugs and magic remedies act came into force in 1955
• The objective is to prohibit certain kinds of advertisements
relating to drugs and magic remedies which make false claims
and are likely to mislead the public
• Prohibited advertisements: classes of advertisements that are
prohibited