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Drug & Magic Remedies Act 1954 Part-1

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Devsthali Vidyapeeth College of Pharmacy
Devsthali Vidyapeeth College of Pharmacy

The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 aims to control advertisement of drugs and prohibit advertisements of remedies with magical qualities. Key points: 1. It defines terms like drugs, advertisements and magic remedies. 2. It prohibits advertisements of drugs for diseases like miscarriage and sexual disorders. Also bans misleading drug ads. 3. The Act prohibits ads of magic remedies for certain diseases and bans import/export of prohibited advertisements. 4. It includes a schedule listing 54 diseases that drug ads cannot claim treatment for without approval.

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The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954
The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith. These rules may be called the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955. They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Objective:- (1st April 1955)  An Act to control the advertisement of drugs in certain cases.  To prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
Definitions Advertisement’ Includes any notice, circular, label, wrapper, or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke.
Magic Remedy Includes a talisman, kavacha, mantra and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals
Drug:  A medicine for the internal or external use of human beings or animals; OR  Any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals OR  Any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals. OR  any article intended for use as a component of any medicine.
CLASSES OF PROHIBITED ADVERTISEMENTS Section-03 Prohibition of Advertisement of Certain Drugs for Treatment of Certain Diseases and Disorders. Section-04 Prohibition of Misleading Advertisements Relating to Drugs. Section-05 Prohibition of Advertisement of Magic Remedies Section-06 Prohibition of Import & Export of Certain Advertisements
1- Prohibition of Advertisement of Certain Drugs for Treatment of Certain Diseases and Disorders:- i. The procurement of miscarriage in women or prevention of conception in women; or ii. The maintenance or improvement of the capacity of human beings for sexual pleasure; iii. The correction of menstrual disorder in women; or iv. The diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition which may be specified in the rules made under this Act. CLASSES OF PROHIBITED ADVERTISEMENTS
2. Prohibition of Misleading Advertisements Relating to Drugs:- Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which- directly or indirectly gives a false impression regarding the true nature or character of the drug; or makes a false claim for the drug; or is otherwise false or misleading in any material particular are prohibited.
3- Prohibition of Advertisement of Magic Remedies for Treatment of Certain Diseases and Disorders:- No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3. 4- Prohibition of Import into, and Export from, India of Certain Advertisements:- No person shall import into, or export from, the territories to which this Act extends any documents containing an advertisement of the nature referred to in Section 3 or in Section 4 or Section 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under section 19 of the Sea Customs Act, 1878 (8 of 1878), and all the provisions of that Act shall have effect accordingly.
Names Of The Diseases, DisorderAnd Conditions As PerSchedule 1. Appendicitis. 2. 2. Arteriosclerosis. 3. Blindness 4. Blood poisoning. 5. Bright‟s disease. 6. Cancer 7. Cataract. 8. Deafness. 9. Diabetes. 10. Diseases and disorders of the brain. 11. Diseases and disorders of the optical system 12. Diseases and disorders of the uterus 13. Disorders of menstrual flow. 14. Disorders of the nervous system. 15. Disorders of the prostatic gland. 16. Dropsy. 17. Epilepsy. 18. Female diseases (in general) 19. Fevers (in general). 20. Fits. 21. Forms and structure of the female bust. 22. Gall stones, kidney stones and bladder stones. 23. Gangrene 24. Glaucoma. 25. Goitre. 26. Heart diseases. 27. High or low blood pressure. 28. Hydrocele. 29. Hysteria. 30. Infantile paralysis. 31. Insanity. 32. Leprosy. 33. Leucoderma. 34. Lockjaw. 35. Locomotor ataxia. 36. Lupus. 37. Nervous debility.
38. Obesity. 39. Paralysis. 40. Plague. 41. Pleurisy. 42. Pneumonia. 43. Rheumatism. 44. Ruptures. 45. Sexual impotence. 46. Smallpox. 47. Stature of persons. 48. Sterility in women. 49. Trachoma. 50. Tuberculosis. 51. Tumours. 52. Typhoid fever. 53. Ulcers of gastrointestinal tracts. 54. Venereal diseases, including syphilis, gonorrhea, soft chancre, venereal granuloma and lympho granuloma.
Drug & Magic Remedies Act 1954 Part-1

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Drug & Magic Remedies Act 1954 Part-1

  • 1. The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954
  • 2. The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith. These rules may be called the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955. They shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Objective:- (1st April 1955)  An Act to control the advertisement of drugs in certain cases.  To prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
  • 3. Definitions Advertisement’ Includes any notice, circular, label, wrapper, or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke.
  • 4. Magic Remedy Includes a talisman, kavacha, mantra and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals
  • 5. Drug:  A medicine for the internal or external use of human beings or animals; OR  Any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals OR  Any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals. OR  any article intended for use as a component of any medicine.
  • 6. CLASSES OF PROHIBITED ADVERTISEMENTS Section-03 Prohibition of Advertisement of Certain Drugs for Treatment of Certain Diseases and Disorders. Section-04 Prohibition of Misleading Advertisements Relating to Drugs. Section-05 Prohibition of Advertisement of Magic Remedies Section-06 Prohibition of Import & Export of Certain Advertisements
  • 7. 1- Prohibition of Advertisement of Certain Drugs for Treatment of Certain Diseases and Disorders:- i. The procurement of miscarriage in women or prevention of conception in women; or ii. The maintenance or improvement of the capacity of human beings for sexual pleasure; iii. The correction of menstrual disorder in women; or iv. The diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition which may be specified in the rules made under this Act. CLASSES OF PROHIBITED ADVERTISEMENTS
  • 8. 2. Prohibition of Misleading Advertisements Relating to Drugs:- Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which- directly or indirectly gives a false impression regarding the true nature or character of the drug; or makes a false claim for the drug; or is otherwise false or misleading in any material particular are prohibited.
  • 9. 3- Prohibition of Advertisement of Magic Remedies for Treatment of Certain Diseases and Disorders:- No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3. 4- Prohibition of Import into, and Export from, India of Certain Advertisements:- No person shall import into, or export from, the territories to which this Act extends any documents containing an advertisement of the nature referred to in Section 3 or in Section 4 or Section 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under section 19 of the Sea Customs Act, 1878 (8 of 1878), and all the provisions of that Act shall have effect accordingly.
  • 10. Names Of The Diseases, DisorderAnd Conditions As PerSchedule 1. Appendicitis. 2. 2. Arteriosclerosis. 3. Blindness 4. Blood poisoning. 5. Bright‟s disease. 6. Cancer 7. Cataract. 8. Deafness. 9. Diabetes. 10. Diseases and disorders of the brain. 11. Diseases and disorders of the optical system 12. Diseases and disorders of the uterus 13. Disorders of menstrual flow. 14. Disorders of the nervous system. 15. Disorders of the prostatic gland. 16. Dropsy. 17. Epilepsy. 18. Female diseases (in general) 19. Fevers (in general). 20. Fits. 21. Forms and structure of the female bust. 22. Gall stones, kidney stones and bladder stones. 23. Gangrene 24. Glaucoma. 25. Goitre. 26. Heart diseases. 27. High or low blood pressure. 28. Hydrocele. 29. Hysteria. 30. Infantile paralysis. 31. Insanity. 32. Leprosy. 33. Leucoderma. 34. Lockjaw. 35. Locomotor ataxia. 36. Lupus. 37. Nervous debility.
  • 11. 38. Obesity. 39. Paralysis. 40. Plague. 41. Pleurisy. 42. Pneumonia. 43. Rheumatism. 44. Ruptures. 45. Sexual impotence. 46. Smallpox. 47. Stature of persons. 48. Sterility in women. 49. Trachoma. 50. Tuberculosis. 51. Tumours. 52. Typhoid fever. 53. Ulcers of gastrointestinal tracts. 54. Venereal diseases, including syphilis, gonorrhea, soft chancre, venereal granuloma and lympho granuloma.