All about the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

The FAQs have been prepared by Mythri Murali, a 1st-year BA LLB student at National Law University, Jodhpur. She is currently interning with LatestLaws.com.

INTRODUCTION

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act passed by the Parliament of India that regulates drug advertising in the country. Considering that putting out advertisements is a popular method of a brand or product rising up the ranks. Drug industries also promote their products using such unscrupulous methods, such as misleading the buyer. The Act makes it illegal to market medications and treatments that claim to have magical powers, and it makes it a criminal offence to do so.

1. What is a magic remedy?

1. A talisman, mantra, kavacha, or any other charm of any kind that is alleged to have magical powers for or in the diagnosis, cure, mitigation, treatment, or prevention of any disease in humans or animals, or for affecting or influencing in any way the structure or any organic function of the human or animal body is a "magic remedy" as described in the Act.

2. Why was this Act enacted?

• There was no law to punish the unprincipled and unscrupulous people who engaged in false advertising and reported miraculous health, especially health, prior to the enactment of this Act.
• People engaged in deceptive advertising of different medications and medicinal remedies without fear of repercussions.
• Their ads posed a threat not only to society as a whole, but also to the people who believed in them and acted on them.
• The government imposed stringent regulations to prohibit customers from self-medicating for a variety of diseases and conditions.

3. In what cases is this Act applicable?

1. In 1954, the Drugs and Magic Remedies (Objectionable Advertising) Act was passed to:

• control the manner in which drugs are advertised to make it illegal to advertise therapies that are said to have magical properties
• stop people from self-medicating with dangerous drugs
• The Act also specifies the diseases and disorders with regards to which advertisements are prohibited

4. What are the penalties given under this Act?

1. In the event of a violation of the Act, the following punishments may be imposed:

• If it is an individual’s first offence, they will be sentenced to a maximum of 6 months in prison or a fine, or both.
• In the event of a subsequent conviction, the punishment can include imprisonment for up to one year, a fine, or both.

5. What are the advertising activities prohibited under this Act?

1. The following kinds of advertising activities are barred under the Act:

• An individual shall not participate in the publication of any advertisement advertising a drug or encouraging the use of a drug for a particular cure.
• It is illegal to advertise medications for the diagnosis, cure, mitigation, treatment, or prevention of any illness, disorder, or condition included in the Act's Schedule.
• Advertisements for drugs are forbidden if they contain any information that explicitly or indirectly gives a false impression about the true nature of the drug, makes a false argument for the drug, or is otherwise false or misleading.
• Magical treatments for the cure of many illnesses and conditions are not allowed to be advertised.

6. What are the advertisements which may be sent confidentially to medical practitioners?

1. Advertisement-containing documents must be sent to a licenced physician, wholesaler, or retail chemist. “Only for the use of licenced medical practitioners, clinics, or laboratories” shall be printed at the top of such a paper. All documents containing advertising for drugs mentioned in clause (c) of sub-section (1) of section 14 must be mailed to a named registered medical practitioner or a wholesale or retail chemist, with the address of the named registered medical practitioner or wholesale or retail chemist included. The words shall be written in indelible ink in a conspicuous manner at the top of such paper.

7. What are some important case laws with respect to the Act?

• Amit Singh and Anr. v. State

As seen in this particular case, the judiciary repeatedly and consistently clarifies the objective of the Act in cases. While deciding the issues of whether the advertisement amounts to advertising a drug within the meaning of Section 3 of the Act or is just informative of improved methodology and improved equipment availability of the procedure, the Hon'ble High Court of Delhi held that an attempt to bring to the awareness of the populace at large about the new technology which had been pioneered..., the same in no way amounts to advertising a drug within the meaning of Section 3 of the Act.

• H.T Media Ltd & Ors v. State

In this case, the Delhi High Court ruled that no drug was being advertised. According to the advertisement, an Ayurvedic medicine may be used to treat high blood pressure and diabetes. It cannot be assumed that the advertising is for any medication to be used for diagnosis, cure, etc., of any disease mentioned in the Schedule because the name of the drug has not been revealed and instead the patient has been advised to contact Dr. Bengali (Kishan Malik).

8. What is the rule with respect to scrutiny of advertisements that relate to drugs?

1. Rule 3 of the Drugs and Magic Remedies Objectionable Advertisements Rule, 1955 states that if a person approved by the state government is satisfied with a drug advertisement that violates Section 4 of the Drugs and Magic Remedies Objectionable Advertisement Act 1954, that person can give directions to the manufacturer, packer, distributor, and seller to remove the advertisement. Anyone who flouts the order will be prosecuted under Section 7 of the Drugs and Magic Remedies Objectionable Advertisement Act, 1954.

9. What if the offence is carried out by a company?

1. If a company violates any of the provisions of this Act, every person who, at the time the offence was committed, was in charge of and accountable to the company for the conduct of the company's business, as well as the company, shall be deemed guilty of the violation and liable to be prosecuted and punished accordingly, unless he proves that the crime was committed without his knowledge or that he exercised all due diligence to avoid the commission of such offence, in which case nothing in this sub-section shall make him liable to any penalty given in this Act. Despite anything in sub-section (1), if a company commits an offence under this Act and it is shown that the offence was committed with the consent or connivance of, or is attributable to, any director, manager, secretary, or other officer of the company, such director, manager, secretary, or other officer of the company shall also be prosecuted.

10. What are the options available to the person engaged in either importing or exporting the advertisement if he feels incensed by the decision of the customs collector to dispose the consignment?

1. If an importer or exporter is affronted by a Customs Collector's order to dispose away a consignment issued under the rules, he or she must make a representation to him within one week of the date of the order and give a written undertaking not to dispose of the consignment without the Customs Collector's consent and to return it as and when required by the Custom’s Collector.

Conclusion

In order to protect the interests of consumers, India should follow legal policies similar to those used in other countries. For instance, the Canadian Pharmaceutical Advertising Advisory Board was founded in Canada. The board's essential position is that before a drug's advertising is displayed for marketing, physicians or health professionals must obtain board approval to advertise their products. Representatives from medical journals, doctors, advocacy associations, pharmaceutical companies, and advertisement committees make up the commission. India should enact legislation to prohibit drug ads from being deceptive.