DRUG AND MAGIC REMEDIES
ACT,1954 AND RULES 1955.
Object
Definitions
Classes of prohibited advertisement.
Classes of Exempted Advertisement.
Exemption from Application of Act.
Offences and Penalties
Miscellaneous
OBJECT
To control certain types of advertisement
relating to drug,
To prohibit certain kinds of advertisement
relating to magic remedies, which falsely
claim and mislead public,
To control for matters related therewith.
DEFINITIONS
Advertisement
Any notice, Circular,Label,Wrapper or
otherwise such document, and any
announcement made orally or by means of
producing or transmiting light or sound or
smoke.
Magic remedy: It includes a
Talisman,Mantra,Kavacha and any other
charm claiming to posses miraculous power
for diagnosis, treatment and prevention of
any disease in human begin or animal for
affecting or altering the structure of body
or animal.
Drug:
A medicine for the internal or external use of
human beings or animals or a substance
intended for the diagnosis, cure, mitigation,
treatment or prevention of disease in human
being or animal an article which affects or
alters the structure of body of human being
or animals.
Talisman Mantra
CLASSES OF PROHIBITED ADVERTISEMENT
1. Advertisements of drug/drugs which may lead to
its/their use for the treatment of certain diseases
and disorders.
a) For the procurement of miscarriage or prevention
of conception in women, or
b) For correction of menstrual disorder in women, or
c) For the maintenance or improvement of the
human being for sexual pleasure, or
d) For diagnosis, cure,alleviation,treatment,or
prevention of any disease or disorder.
2. Advertisement of magic remedies for the
treatment of certain diseases or disorders which
claim efficacious for any purpose specified in
above.
Conti……
3. Misleading adv.relating to drug.
a) Directly or indirectly give a false impression
regarding the true nature of drug or drugs.
b) Make any false claims for such drug or drugs.
CLASSES OF EXEMPTED ADVERTISEMENT
1. Any advertisement relating to the drugs
printed or published by the Government or
any other person with prior permission of
Government.
2. Any advertisement relating to drug which is
sent confidentially in the prescribed manner
to RMP.
3. Advertisement including any book or treatise
dealing with any matter relating to diseases
or disorder which or strictly prohibited.
4. Displayed signboards or notice by RMP on his
premises indicating that treatment is under
taken for any disease,disorder or conditions
specified in schedule.
5. Advertisement relating to drugs which comply
with required conditions.
a) Leaflets or literature along with packings of
drugs or advertisement of drugs in medicinal,
pharmaceutical scientific journals.
b) Medical literature distributed by MR.
i. Therapeutic indications.
ii. Route of administration.
iii. Dosage and side effects.
iv. Precaution taken during treatment of drug.
The distribution should be given to
medicals,hospitals,research
institutions,chemists and druggists.
OFFENCES AND PENALTIES
A. Contravention of any provision of this act,
1. Punishable with imprisonment upto six month
or with fine or both on first conviction;
2. Punishable with imprisonment upto one year
or with fine or both on second conviction;