The Supreme Court recently prohibited an Ayurved company from misleading claims to treat certain diseases, as a violation to Drugs and Magic Remedies Act, 1954.
Key provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:
- This Act is a legislative framework to control the advertisement of drugs and prohibit claims of magical qualities in remedies.
- It encompasses various forms of advertisements, including written, oral, and visual mediums.
- The term “drug” refers to medicines intended for human or animal use, substances for diagnosis or treatment of diseases, and articles affecting the body’s functions.
- The definition for “magic remedy” extends to talismans, mantras, and charms that allegedly possess miraculous powers for healing or influencing bodily functions.
Regulations on advertisements under the Act:
- The Act imposes strict regulations on the publication of advertisements related to drugs.
- It prohibits advertisements that give false impressions, make false claims, or are otherwise misleading.
- Violations of these provisions can result in penalties, including imprisonment or fines, upon conviction.
- The term “advertisement,” under the Act, extends to all notices, labels, wrappers, and oral announcements.
- The Act applies to all individuals and entities involved in the publication of advertisements, including manufacturers, distributors, and advertisers.
- The Act can hold both individuals and companies accountable for contraventions.
- If a company violates the act, individuals in charge of its business operations may be deemed guilty unless proven lack of knowledge or due diligence in preventing the offense.
- Directors, managers, or officers of the company may be held liable if they consented to or neglected the offense.
- In case of first conviction for the violator, up to six months in prison, fines or both may be charged, and for subsequent conviction, imprisonment may extend to one year.
- The Act does not include any limits for the fines that may be imposed on individuals or organizations.
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