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Drug & Magic Remedies Act 1954 Part-3

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Devsthali Vidyapeeth College of Pharmacy
Devsthali Vidyapeeth College of Pharmacy

This document outlines exemptions and provisions for advertisements related to drugs and remedies under the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954. It lists 5 classes of advertisements that are exempt from being prohibited, including those printed by the government, sent confidentially to doctors, or relating to books on diseases. It also describes conditions for certain exempted advertisements, such as those in medical journals only including therapeutic information. Penalties are described for violating the Act, including fines or imprisonment. Authorities may also scrutinize misleading drug advertisements and require information from manufacturers.

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Classes Of Exempted Advertisement/Provision For Savings under The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 PART-03
Classes Of Exempted Advertisement/Provision For Savings  The following classes of advertisement are not prohibited under this act: 1. Any advertisement relating to the drugs printed or published by the Government or any other person with prior permission of the Government. 2. Any advertisement relating to a drug which is sent confidentially in prescribed manner to Registered Medical Practitioner. 3. Advertisement including any book or treatise ( a written or printed composition) dealing with any matter relating to the diseases. 4. Any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in section 3; the Schedule or the rules made under this Act, is undertaken in those premises;or 5. Any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1963 (42 of1963).
Sr. Class of Advertisement Condition 01 Leaflet or Literature accompanying packing of drugs, and The Advertisement contain only such information as is required for guidance of RMP’s. 02 Advertisement of drugs in medical, Pharmaceutical, scientific & Tech. journals. (i) Therapeutic indication. (ii) Rout of administration. (iii)Its dosage. (iv)Its side effects. (v) The precautions to be observed in the treatment with drug. 03 Price list or therapeutic indexes published by the manufacturer or distributer of drugs under D&C Act 1940 and rules. The Advertisement contain only such information as is required for guidance of RMP’s (i) Therapeutic indication. (ii) Rout of administration. (iii) Its dosage. (iv) Its side effects. (v) The precautions to be observed in the treatment with drug. The Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1967
Sr. Class of Advertisement Condition 04 Medical literature distributed by medical retailers appointed by manufacturer, importers or distributer of drugs, duly licensed under D&C 1940 Act and Rules. Only to the: RMP, Hospitals, Dispensaries, Medical & Research institutions, Chemist & druggist, Pharmacy duly licensed under the provision of the D&C act and rules. 05 Advertisement of Chemical contraceptives for oral use. Having the following composition per tablet:- a. DL- Norgestral : 0.30 mg Ethinyl Estradil : 0.30 mg b. Levo Norgestral : 0.15 mg Ethinyl Estradil : 0.03mg c. Centrchroman : 30mg The responsibility to prove that any claim made in the Advertisement in respect of the drug is not false, exaggerated or misleading lies on the advertiser. Exemption From Application of Act The central government, for the public interest, may permit any advertisement of any.
Whoever contravenes any of the provisions of this Act of the rules made there under shall, on conviction, be punishable:- 1. In the case of a first conviction, with imprisonment which may extend to six months, or with fine, or with both; 2. In the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both. Penalty
Scrutiny of Misleading Advertisements Relating To Drugs Any person authorized by the state Government in this behalf may, if satisfied, that an advertisement relating to a drug contravenes the provisions of act. may order the manufacturer, packer, distributer or seller of the drug to furnish with in specified time regarding the composition of the drug or the ingredients as he feels necessary for holding the scrutiny of the advertisement. It shall be the duty of the manufacturer, packer, distributor or seller of the advertised drug to comply with the order. Failure to comply with such order is considered as an offense.
Drug & Magic Remedies Act 1954 Part-3

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Drug & Magic Remedies Act 1954 Part-3

  • 1. Classes Of Exempted Advertisement/Provision For Savings under The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 PART-03
  • 2. Classes Of Exempted Advertisement/Provision For Savings  The following classes of advertisement are not prohibited under this act: 1. Any advertisement relating to the drugs printed or published by the Government or any other person with prior permission of the Government. 2. Any advertisement relating to a drug which is sent confidentially in prescribed manner to Registered Medical Practitioner. 3. Advertisement including any book or treatise ( a written or printed composition) dealing with any matter relating to the diseases. 4. Any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in section 3; the Schedule or the rules made under this Act, is undertaken in those premises;or 5. Any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1963 (42 of1963).
  • 3. Sr. Class of Advertisement Condition 01 Leaflet or Literature accompanying packing of drugs, and The Advertisement contain only such information as is required for guidance of RMP’s. 02 Advertisement of drugs in medical, Pharmaceutical, scientific & Tech. journals. (i) Therapeutic indication. (ii) Rout of administration. (iii)Its dosage. (iv)Its side effects. (v) The precautions to be observed in the treatment with drug. 03 Price list or therapeutic indexes published by the manufacturer or distributer of drugs under D&C Act 1940 and rules. The Advertisement contain only such information as is required for guidance of RMP’s (i) Therapeutic indication. (ii) Rout of administration. (iii) Its dosage. (iv) Its side effects. (v) The precautions to be observed in the treatment with drug. The Drugs and magic Remedies (Objectionable Advertisement) Amendment Act, 1967
  • 4. Sr. Class of Advertisement Condition 04 Medical literature distributed by medical retailers appointed by manufacturer, importers or distributer of drugs, duly licensed under D&C 1940 Act and Rules. Only to the: RMP, Hospitals, Dispensaries, Medical & Research institutions, Chemist & druggist, Pharmacy duly licensed under the provision of the D&C act and rules. 05 Advertisement of Chemical contraceptives for oral use. Having the following composition per tablet:- a. DL- Norgestral : 0.30 mg Ethinyl Estradil : 0.30 mg b. Levo Norgestral : 0.15 mg Ethinyl Estradil : 0.03mg c. Centrchroman : 30mg The responsibility to prove that any claim made in the Advertisement in respect of the drug is not false, exaggerated or misleading lies on the advertiser. Exemption From Application of Act The central government, for the public interest, may permit any advertisement of any.
  • 5. Whoever contravenes any of the provisions of this Act of the rules made there under shall, on conviction, be punishable:- 1. In the case of a first conviction, with imprisonment which may extend to six months, or with fine, or with both; 2. In the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both. Penalty
  • 6. Scrutiny of Misleading Advertisements Relating To Drugs Any person authorized by the state Government in this behalf may, if satisfied, that an advertisement relating to a drug contravenes the provisions of act. may order the manufacturer, packer, distributer or seller of the drug to furnish with in specified time regarding the composition of the drug or the ingredients as he feels necessary for holding the scrutiny of the advertisement. It shall be the duty of the manufacturer, packer, distributor or seller of the advertised drug to comply with the order. Failure to comply with such order is considered as an offense.