Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
The Drugs and Magic Remedies Act, 1954, is an Act of the Parliament of India that controls the advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties and makes doing so a cognizable offence.
Overview
The act defines "magic remedy" as any talisman, mantra, amulet, or other object claimed to have miraculous powers to cure, diagnose, prevent, or mitigate a disease in humans or animals. It also includes such devices claimed to have power to influence structure or function of an organ in humans or animals.The law prohibits the advertising of drugs and remedies for
- inducing miscarriage or preventing conception in women
- improving or maintaining the capacity for sexual pleasure
- correcting menstrual disorders
- curing, diagnosing, or preventing any disease or condition mentioned in an included schedule
The act stated that the schedule may be changed later to include more diseases for which there are no accepted remedies or for which timely consultation with a registered medical practitioner is required. The act stated that the Central government must make these changes in consultation with the Drugs Technical Advisory Board and Ayurveda and Unani practitioners, if necessary.
The penalty carries a maximum sentence of 6 months imprisonment with or without fine on the first conviction. The term may be up to a year in case of any subsequent conviction. All company members will be deemed guilty if the convicted party is a company.