discussion on 'Drug regulatory Laws'

[Guest guest]

Goodevening everyone.To continue with-

Drugs and Magic Remedies (objectionable advertisements)Act

1954 :

Came in existence to control the advertisement for certain purposes of

remedies alleged to possess magic qualities and to provide legal remedies in

case such advertisement are published / issued.

Provisions:

I .Prohibiting publishing any

advertisement which may induce people to use the drug for –

(a)The procurement of miscarriage or

prevention of conception or

( the maintainence or improvement

of the capacity of human beings for sexual pleasure or

© the correction of menstrual

disorder in women[section 3].

II .In publication of any

advertisement which may induce people to use the drug for the

diagnosis,cure,mitigation,treatment or prevention of any disorder or

condition.[section3]

III .In publication of any

advertisement relating to a drug if the advertisement contains any matter which

–

(a ) directly or indirectly gives a

false impression regarding the true character of the drug or

(b )

makes a false claim for the drug or

(c ) is otherwise false or

misleading in any material particular. [ section 4 ]

Also prohibits import and export of

any documents containing any such advertisements as has been mentioned above. [ section 6].

Exceptions to above prohibitions :

(a)the act allowed such

advertisement by a registered medical practitioner indicating that treatment

for any disease ,disorder or condition specified in section 3 ,the schedule or

the rules made under this act is

undertaken in those premises.

( Publication of any treatise or

book dealing with any of the matters specified in section 3 from a bonafide

scientific or social standpoint.

© Advertisement relating to any

drug sent confidentially in the manner prescribed under section 16 only to a

registered medical practitioner or

(d) Advertisement relating to a drug

printed or published by the govt. or by previous sanction of the govt. granted

prior to the commencement of the Drugs and Magic remedies (objectionable

advertisements) Amendment Act ,1963 (42 of 1963);

(e) Advertisements relating to

drugs, which in the opinion of the Central govt. public interest requires that

the advertisement of any specified drug or class of drugs or any specified

class of advertisements relating to the drugs should be permitted.

Offences and penalties:

(a)In caseof a 1st conviction -with

imprisonment which may extend to 6 months or with fine or with both

( In case of a subsequent

conviction with imprisonment which may extend to 1 year or with fine or with

both.

Additionally-where a person has been

convicted by any court for contravening any provision of this act or rule made

thereunder, the court may direct that any document ( including all copies

thereof ) article or thing in respect of which the contravention is made,

including the contents thereof where such contents are seized under clause (

of subsection (1) of section (8)shall be forfeited to the govt.