Abstract:
The Drug and Magic Remedies (Objectionable Advertisements) Act No 21 of 1954 is an important public health law in India. It was enacted to protect people from misleading advertisements relating to drugs and to ban the advertisement of “magic remedies” for certain diseases and conditions. This article explores the scope, prohibitions, and legal implications of the Act to ensure public safety against fraudulent medical claims.
Keywords:
Consumer Protection, Public Health Law, Medical Ethics, Magic Remedies Act, Misleading Advertisements.
Introduction:
In a country with a diverse medical landscape ranging from Ayurveda to Allopathy, the potential for exploitation through false health claims is significant. This Act serves as a regulatory shield, preventing individuals and companies from promising “miracle” results for chronic or incurable conditions, which could otherwise lead patients to forgo evidence-based treatments.
Many advertisements claim to cure serious diseases or improve sexual performance, fertility, beauty, or intelligence without scientific proof. Such claims can misguide patients, delay proper treatment, and cause physical, mental, and financial harm. This Act helps to control such unethical practices.
Objectives Of The Act:
The main objectives of the Act are:
- To prohibit misleading advertisements related to drugs and magical remedies.
- To prevent false claims of cures for certain serious diseases.
- To protect the public from exploitation by quacks and fraudulent practitioners.
- To promote rational use of medicines and scientific treatment.
Key Definitions:
To understand the Act, one must identify the legal definitions of its core components:
Drug: Includes any medicine for internal or external use for humans or animals, substances intended for diagnosis/treatment, and even non-food articles that affect the body’s structure or function.
Magic Remedy: Includes a talisman, mantra, kavacha, or any other charm which is alleged to possess miraculous powers for healing or affecting the body.
Advertisement: Any notice, circular, label, wrapper, or other document, as well as any announcement made orally or by means of producing or transmitting light, sound, or smoke.
Prohibited Categories Of Advertisements:
The Act strictly prohibits advertisements that:
- Suggest a false impression regarding the true character of a drug.
- Make false claims for a drug.
- Are otherwise misleading in any material particular.
The Schedule of Diseases:
Under Section 3 of the Act, advertising drugs for the treatment of certain diseases listed in the Schedule is strictly forbidden. These include, but are not limited to:
Cancer
Diabetes
Genetic Disorders
Blindness
Sexual Impotence
Epilepsy
Major Provisions And Restrictions:
Prohibition of Magic Remedies (Section 5): No person shall take part in the publication of any advertisement referring to any magic remedy which claims to be efficacious for any of the purposes specified in Section 3.
Misleading Advertisements (Section 4):
This section acts as a “catch-all,” penalizing any ad that gives a false impression of a drug’s efficacy.
Import/Export Restrictions (Section 6):
Prohibits the import into, or export from, India of any documents containing prohibited advertisements.
Exemptions:
The Act provides certain relaxations where information dissemination is necessary for the medical community: Medical Literature: Signboards of registered practitioners. Professional Journals: Advertisements sent confidentially to registered medical practitioners. Government-approved labels: Labels on packages of drugs that are required under other laws.
Penalties And Enforcement:
Violating the Act is a serious offense. The hierarchy of punishment is as follows:
Offense Penalty First: Conviction Imprisonment up to 6 months and/or a fine. In Subsequent Conviction, with imprisonment which may extend to one year, or with fine, or both. In the case of companies, every person in charge of the business at the time of the offense (Directors, Managers, etc.) can be held personally liable unless they prove the offense happened without their knowledge.
Importance Of The Act:
• Prevents false hope and exploitation of patients
• Encourages ethical medical practice
• Protects public health
• Controls spread of quackery
• Promotes scientific awareness
Relevance To Medical And Homoeopathic Practice:
For medical and homoeopathic practitioners:
• Advertisements must be ethical and truthful
• No guarantee of cure should be claimed
• Practitioners must follow professional ethics
• Violation can lead to legal action and loss of credibility
Conclusion:
The Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 plays a crucial role in safeguarding society from misleading and harmful medical claims. In the era of digital marketing and social media promotions, the Act remains highly relevant. Awareness of this law among healthcare professionals and the public is essential to ensure safe, ethical, and scientific healthcare practices. By penalizing “magic” claims and deceptive marketing, the law ensures that patients are directed toward scientifically validated treatments rather than predatory superstitions.
References:
- Government of India. The Drug and Magic Remedies (Objectionable Advertisements) Act, 1954. Ministry of Health and Family Welfare, New Delhi.
- Tripathi, K. D. Essentials of Medical Pharmacology 8th ed. New Delhi: Jaypee Brothers Medical Publishers; 2018.
- Kulkarni, S. K. Handbook of Experimental Pharmacology 4th ed. New Delhi: Vallabh Prakashan; 2012.
- Indian Penal Code & Medical Laws Manual. Eastern Book Company, Lucknow.
- World Health Organization (WHO). Ethical Criteria for Medicinal Drug Promotion. Geneva: WHO; 1988.
- Sharma, H. L., Sharma, K. K. Principles of Pharmacology. 3rd ed. Hyderabad: Paras Medical Publisher; 2017.
- Central Drugs Standard Control Organization (CDSCO). Guidelines related to drug advertisements and promotions. Ministry of Health & Family Welfare, Government of India.
- Ayyanar, R. (2017). Enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, in the State of Andhra Pradesh: Situational analysis and lessons learnt. Journal of Pharmaceutical Health Services Research.
- Mandal and Mandal, Textbook of Homoeopathic Pharmacy.
Under the guidance of:
Dr Chetna Pandey (HOD)
Dept of Homoeopathy Pharmacy GHMC BHOPAL M.P.
