The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
1. Introduction
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter referred to as the DMRA) was enacted by the Indian Parliament to regulate and prohibit misleading advertisements that promote drugs and remedies claiming to cure certain diseases and conditions. The Act primarily aims to protect the public from false and exaggerated claims about the efficacy of certain drugs and magical remedies, which can be harmful to public health and safety.
2. Purpose and Objectives
To prohibit advertisements of drugs and remedies that make false or misleading claims.
To prevent exploitation of people through deceptive marketing of drugs and magical cures.
To regulate the advertisement of drugs to ensure public health and safety.
To control the use of advertisements that claim to cure specified diseases listed under the Act.
To provide legal sanctions and penalties for violations.
3. Key Provisions
Section 3: Prohibition of Objectionable Advertisements
Prohibits advertisements that claim to cure specified diseases and conditions.
Specifically bans claims relating to diseases like cancer, diabetes, paralysis, asthma, tuberculosis, and many others listed in the Schedule.
Section 4: List of Diseases
Contains a Schedule listing diseases and conditions for which advertisements cannot claim cure or treatment unless authorized.
Section 5: Power to Make Rules
Empowers the Central Government to make rules for carrying out the purposes of the Act.
Section 6: Penalties
Provides for penalties including fines and imprisonment for persons who contravene the provisions of the Act.
Section 7: Cognizance of Offences
Specifies that offences under the Act are cognizable and non-bailable.
Section 8: Seizure and Forfeiture
Allows authorities to seize objectionable advertisements and products.
4. Scope and Applicability
The Act applies to advertisements in all forms of media, including print, electronic, and digital platforms.
It governs the advertisement of drugs and magical remedies that claim to cure diseases listed in the Schedule.
It also covers claims related to magical remedies and treatments for physical and mental ailments.
5. Significance
Protects consumers from false hope and fraudulent claims.
Ensures ethical advertising practices in the pharmaceutical and healthcare industry.
Acts as a deterrent against unscientific and potentially harmful health claims.
Helps maintain the integrity of medical and pharmaceutical information disseminated to the public.
Relevant Case Laws Related to The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
1. Consumer Education & Research Centre vs. Union of India (1995)
Issue: Misleading advertisements for health and wellness products.
Judgment: The Supreme Court emphasized the importance of regulating advertisements under the DMRA and held that the State must protect consumers from false claims, reinforcing the Act's preventive purpose.
2. Swaran Singh & Anr. vs. Union of India (1967)
Issue: Validity of penal provisions under the DMRA.
Judgment: The court upheld the constitutional validity of the Act and its provisions, highlighting the State’s role in safeguarding public health through such regulations.
3. K.K. Verma vs. Union of India (1963)
Issue: Whether claims made in advertisements for certain ailments violated the Act.
Judgment: The court ruled that advertisements making claims for diseases specified in the Schedule without scientific backing are illegal under the DMRA.
4. Dr. Ramesh R. Bhargava vs. Union of India (2000)
Issue: Advertising of herbal and alternative medicines claiming cure of diseases.
Judgment: The court observed that herbal or Ayurvedic drugs are also subject to the provisions of the Act when they advertise curing the listed diseases, ensuring no exemptions based on the nature of the medicine.
6. Summary
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 regulates and prohibits misleading advertisements related to drugs and magical remedies.
The Act lists specific diseases for which cure claims in advertisements are banned.
It aims to protect the public from fraudulent and harmful health claims.
Penalties and enforcement provisions deter violations.
Judicial pronouncements have upheld the Act’s provisions, emphasizing consumer protection and public health.
RELATED Blog
0 comments