Drugs and Magic Remedies (Objectionable Advertisements) Act 1954
Source: Busniess Standard
GS II: Governance
Overview
- News in Brief
- About the Act 1954
Why in the News?
Supreme Court restrained Ayurvedic Company for misleading and a violation of the law.
News in Brief
- The top court has prohibited the company from disseminating advertisements.
- It claims to treat medical conditions such as BP, diabetes, fevers, epilepsy, and lupus, as outlined in the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954.
- This development highlights the significance of the Magical Remedies Act of 1954 and its implications in regulating advertisements related to medicinal products.
About Drugs and Magic Remedies (Objectionable Advertisements) Act 1954
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, of 1954 is an important piece of legislation in India.
- It is aimed at regulating the advertisement of drugs and remedies, particularly those that claim magical or miraculous properties for curing diseases or ailments.
Background:
- The Act was enacted in response to concerns about the proliferation of advertisements promoting drugs and remedies with exaggerated or false claims about their efficacy in treating various ailments.
- It was recognized that such advertisements could mislead the public and potentially lead to harm if people relied on ineffective or unproven treatments.
Key Provisions:
- Prohibition of Advertisements: The Act prohibits the advertisement of drugs and remedies that claim to have magical or supernatural properties in treating diseases.
- Definition of Drugs and Remedies: The Act defines “drugs” and “remedies” broadly to encompass any substance or article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases or disorders in human beings or animals.
- Exceptions: Certain exemptions may apply to advertisements made by or under the authority of the Central Government or a State Government, or in pursuance of the provisions of any law in force.
- Penalties: Any person found guilty of contravening the provisions of the Act by publishing or distributing such objectionable advertisements can be subjected to penalties, including fines and imprisonment.
- In the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both.
- In the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.
Impact and Significance:
- The Act serves to protect the public from being misled by advertisements that make extravagant claims about the effectiveness of certain drugs or remedies.
- By regulating such advertisements, the Act helps promote rational and evidence-based healthcare practices, safeguarding the health and well-being of individuals.
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