Mar 16, 2002 11:25 AM
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(Updated Mar 16, 2002 11:25 AM)
DRUGS AND MAGIC REMEDIES(OBJECTIONABLE ADVERTISEMENTS) ACT, 1954
WHAT IS THE PURPOSE OF SUCH AN ACT
The Act is meant to control the advertisements of drugs and in some cases to prohibit the advertisement for certain remedies, which may be alleged to have magic qualities.
WHAT IS A MAGIC REMEDY
It includes any talisman mantra, kavacha and any charm, which is alleged to have magic powers of diagnosis, cure, mitigation, treatment or prevention of any disease
WHAT TYPES OF ADVERTISEMENTS DOES THE ACT PROHIBIT
The Act prohibits the advertisements, which refers to, or suggests the use of any drug
To induce miscarriage or prevent contraception in women
To maintain or improve sexual pleasure capacity in humans
To correct menstrual disorder in women
The Act also prohibits advertisement on the use of any drug for any disease laid out in the schedule attached to the Act.
The Act also prohibits misleading advertisements relating to drugs. An advertisement would fall in this category if
It gives a false impression with relation to the true character of the drug
It makes a false claim for the drug
It is false and misleading in any aspect
ARE THERE ANY EXCEPTIONS
YES. The Act does provide that Rules will be made for diseases, disorders, conditions that require timely medical treatment in consultation with a registered medical practitioner. Further, the rules will not be made in relation to drugs for which there are no accepted remedies
These rules are to be made in consultation with the Drugs Technical Advisory Board.
WHAT ARE THE DISEASES UNDER THE SCHEDULE FOR WHICH THE ACT APPLIES
The Act specifies a list of 54 diseases, which come under the umbrella of this Act. It ranges from appendicitis, cancer, diabetes, female diseases, heart diseases to plague, paralysis, small pox, nervous disorders etc.
WHAT IS THE PUNISHMENT ATTACHED TO CONTRAVENTION
If any person contravenes the provisions of the Act then he/ she may be punished with Conviction upto six months and in the case of a second conviction with imprisonment which can extend upto one year or a fine.
