Drugs and Magic Remedies (Objectionable Advertisements) Act 1954

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act No. 21 of 1954. Section 16 of the Act authorizes the Central Government to make rules for carrying out the purpose of the Act. In exercise of the powers conferred by Section 16 of the Act, the Central Government has framed the Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955.

The objectionable advertisements tend to cause the ignorant and unwary consumer to resort to self-medication or to resort to quacks who indulge in such advertisements for treatments, which cause great harm. It was therefore found necessary in the public interest to put a stop to such undesirable advertisements. The main object and purpose of the Act is to prevent people from self-medicating with regard to various diseases. Self medication in respect of diseases of serious nature mentioned in the Act and the Rules has a deleterious effect on the health of the community and is likely to affect the well being of the people.

Exaggerated and misleading advertisements induce people to resort to self-medication by reasons of elated advertisement, it was thought necessary in the interest of public health that, the puffing of advertisements is put to a complete check and that, the manufacturers are compelled to route their products through recognized sources so that the products of these manufacturers could be put to valid and proper test and consideration by expert agencies.

The Act has been enacted with a view to control the advertisements of drugs in certain cases and to prohibit the advertisements for certain purposes of remedies alleged to possess magic qualities.
Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 is implemented by Food and Drug Administration M.S. through all of their district and Divisional Offices.
There is also a provision available in the Drugs and Cosmetics Act 1940 which deals with the advertisements of the drugs.

Schedule ‘J’ of the Drugs and Cosmetic Rules 1945 too deals with objectionable advertisements. The list of diseases is almost the same but few more disease are included in Drugs and Magic Remedies (Objectionable Advertisements) Act 1954.

There are
54 entries listed in Schedule to D.M.R. Act 1954
02 entry listed in Schedule to D.M.R. Rules 1955
51 entries listed in Schedule ‘J’ to D&C Rules 1945
Some entries are similar but some are exclusive to DMR and D&C Schedule.

Important Provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 are reproduced below

Definitions. – In this Act, unless the context otherwise requires

‘Advertisement’

Definition of ‘Advertisement’ is inclusive and ‘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’ includes –

1. a medicine for the internal or external use of human beings or animals;
   
   
2. any substance intended to be used for or in the diagnostic, cure, mitigation , treatment or prevention of disease in human beings or animals;
   
   
3. 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;
   
   
4. any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (i) and (iii);