DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954
It is seen in India that some persons sell magic remedies such as kavachas, mantras, talismans, etc., claiming them as universal treatment for any disease. Likewise, advertisements in magazines, newspapers, and on premises of some doctors, hakims, or vaids claim to cure diseases not cured by any other drug or treatment. The Drugs and Magic Remedies Act, 1954 was passed for regulating advertisements of some drugs and remedies having qualities of magic.
OBJECTIVES OF THE ACT
- Before enactment of this Act, there was no law to punish unprincipled and unscrupulous people engaged in false advertisements claiming miraculous health.
- People engaged in false advertisements of various drugs and medical remedies without any fear.
- Such advertisements posed a threat to society at large and to people who believed in them.
- The government enacted strict rules to prevent self-medication by consumers regarding various diseases and conditions.
DEFINITIONS UNDER THE ACT
- 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.
- Drug:
- A medicine for internal or external use of human beings or animals
- Any substance intended for diagnosis, cure, mitigation, treatment or prevention of disease
- Any article (other than food) intended to affect body structure or organic function
- Magic Remedy: Includes talisman, mantra, kavacha, and any other charm alleged to possess miraculous powers for diagnosis, cure, mitigation, treatment or prevention of any disease, or for affecting body structure or organic function.
PROHIBITED ADVERTISEMENTS
Advertisements of Drugs for:
- Procurement of miscarriage in women
- Prevention of conception in women
- Maintenance or improvement of capacity for sexual pleasure
- Correction of menstrual disorder in women
- Diagnosing, preventing, or curing the following diseases and disorders:
- Appendicitis
- Arteriosclerosis
- Blindness
- Blood poisoning
- Cancer
- Cataract
- Deafness
- Diabetes
- Brain disorders
- Uterus disorders
- Disorders of menstrual flow
- Disorders of nervous system
- Prostatic gland disorders
- Dropsy
- Epilepsy
- Female diseases (in general)
- Fevers (in general)
- Fits
- Form and structure of female bust
- Gall stones
- Kidney and bladder stones
- Gangrene
- Glaucoma
- Goitre
- Heart diseases
- High or low blood pressure
- Hydrocele
- Hysteria
- Infantile paralysis
- Insanity
- Leprosy
- Leucoderma
- And any other disease or condition prescribed by rules
Other Prohibited Advertisements
- Advertisements providing false impression about any drug or making false claims
- Advertisements that are false and misleading
- Advertisements of magic remedies claiming efficiency in any conditions
EXEMPTED ADVERTISEMENTS
- Sign boards or notices put by Registered Medical Practitioners on their premises claiming to cure prohibited diseases/disorders.
- Books or articles published from bonafide scientific or social standpoint containing matter related to prohibited diseases/ailments.
- Advertisements of drugs sent to Registered Medical Practitioners marked “For the use of Registered Medical Practitioners”.
- Advertisements of drugs published by Government or by persons with Government permission (apply to authorised officers stating drug name, trademark, and justification).
- Advertisements, labels, or instructions permitted under the Drugs and Cosmetics Act or Rules.
The Central Government may allow advertisement of banned drugs to reach the public by notifying in the Official Gazette.
OFFENCES AND PENALTIES
| Offence | First Conviction | Subsequent Conviction |
|---|---|---|
| Breach of provisions of the Act and Rules (prohibited drug advertisements) | Imprisonment for 6 months or fine or both | Imprisonment for 1 year or fine or both |
Offences by Companies
- Every person in-charge of the company when offence was committed is held responsible.
- Defence: The person can prove that the offence was committed without their awareness and they had tried to prevent it.
- No strict action against person doing anything in good faith.
Powers of Officers
- Officer appointed by State Government can enter and search any place where crime under this Act has been or is being committed.
- Can seize and detain documents, articles, or things containing prohibited advertisements.
- Courts can order surrender of such articles/documents to the Government.
- These officers are public servants under Section 21 of IPC.
- Orders for custody of seized articles should be taken from the Magistrate.
SUMMARY TABLE
| Particular | Details |
|---|---|
| Full Act Name | Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 |
| Purpose | Regulating advertisements of certain drugs and magic remedies |
| Prohibited Advertisements | Drugs for miscarriage, contraception, sexual pleasure, menstrual disorders; drugs claiming to cure scheduled diseases; magic remedies |
| Exempted Advertisements | RMP sign boards, scientific books, RMP-only mail, Government-permitted ads, Drugs & Cosmetics Act labels |
| Offence Punishment | First: 6 months/fine/both; Subsequent: 1 year/fine/both |
Dr. Saint Paul is a pharmacy educator, Pharm.D graduate, and academic content creator from Jawaharlal Nehru Technological University Kakinada (JNTUK), where he completed his Doctor of Pharmacy (Pharm.D) degree between 2015 and 2021.
He has more than 7 years of experience creating pharmacy educational content, writing study materials, and reviewing academic articles for pharmacy students. He has also contributed guest articles to pharmacy education platforms, including PharmD Guru.
At D.PharmGuru, his work focuses on simplifying complex Diploma in Pharmacy (D.Pharmacy) subjects into easy-to-understand notes, practical explanations, and exam-oriented educational resources for students across India.
His areas of focus include Human Anatomy and Physiology, Pharmaceutics, Pharmacology, Pharmaceutical Chemistry, Hospital and Clinical Pharmacy, and other core D.Pharmacy subjects.
