By; Anoop Singh (Dr. B. R. Ambedkar University Agra U.p) E Mail: aaanoopsingh@gmail.com

1. 1
Dr. B. R Ambedkar Universit
Department of Pharmacy, Agra-282002

2. Object:-
 The provisions of this act are in addition to and
not in derogation of, the provisions of any other
law for the time being in force.
1. To control certain types of advertisements
relating to drugs, and
2. To prohibit certain kinds of advertisements
relating to magic remedies ; which falsely
claim and mislead public, and
3. To provide matters related therewith.
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3. Definitions:-
 Advertisement:- it includes
1. Any notice, circular, label, wrapper or otherwise such
documents, and
2. Any announcement made orally or by means of
producing or transmitting light, sound or smoke.
 Magic remedy:- it includes a Talisman, Mantra,
Kavacha, and any other charm claiming to possess
miraculous power:
1. For diagnosis, treatment and prevention of any disease
in human beings or animals, or
2. For affecting or altering the structure or organic
function of the body or animal.
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4.  Drug :- it includes the following:-
1. A medicine for internal or external use in
human beings or animals,
2. A substance intended for diagnosis, cure ,
mitigation, treatment or prevention of disease
in human beings or animals.
3. An article other than food, which affects or
alters the structure or organic function of the
body of human being or animals.
4. An article used as component of any medicine.
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5.  Registered medicinal practitioner: - It
means any person,
1. Who holds qualification granted by an
authority specified in, or notified under
section 3 of Indian medical degrees act,
1916 or specified in the schedules to the
Indian medical council act, 1956, or
2. Who is entitled to be registered as a
medical practitioner under any law for the
time being in force in any state to which
this act extends relating to the registration
of medical practitioner.
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6. Classes of prohibited
advertisements
 Advertisements of drug/ drugs which may lead to
its/ their use for the treatment of certain diseases
and disorders: -
1. For the procurement of miscarriage or
prevention of conception in women, or
2. For the correction of menstrual disorders in
women, or
3. For the maintenance or improvement of the
power of human beings for sexual pleasure, or
4. For the diagnosis, cure alleviation, treatment or
prevention of any disease or disorder or
condition specified in the schedule or in rule
made under this act.
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7.  Advertisements of magic remedies for the
treatment of certain diseases or disorders which
claim to be efficacious for any of the above
purpose specified in 1 as above.
 Misleading advertisements relating to drugs
which: -
1. Directly or indirectly give false impression
regarding the true nature of drug, or
2. Make any false claims for such drugs.
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8. Classes of exempted
advertisements: -
 Any advertisement relating to the drugs printed or
published by the government or any other person
with prior permission of the government.
 Any advertisement relating to a drug which is sent
confidentially in a prescribed manner to a
registered medical practitioner.
 Advertisements including any books or treatise
dealing with any matter relating to disease,
disorder or conditions which are otherwise
prohibited, provided published from a bonafide
scientific or social point of view.
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9.  Displayed signboards or notices by the registered
medical practitioners on his premises indicating
that the treatment is undertaken for any disease,
disorder or condition specified in schedule of this
act.
 Advertisements relating to drugs which comply
with the required conditions as follows:-
1. Leaflets or literature along with packing of
drugs, or
2. Advertisement of drug in medical,
pharmaceutical, scientific and technical journals.
3. Therapeutic index or price list published by
licensed manufacturer, importer or distributor of
drug.
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10.  With a condition that: -
1. The advertisement should contain only the
information required for the guidance of
registered medical practitioner regarding: -
therapeutic indications, route of administration,
dosage and side effect of such drug or drugs;
and the precaution to be taken in treatment with
the drug.
2. The distribution of such literature should be
given to registered medical practitioner
dispensaries, hospitals, medical and research
institutes, chemists and druggists or pharmacies.
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11. Offences and penalties: -
 Punishable with imprisonment upto six month or
with a fine or both on first conviction
 Punishable with imprisonment upto one year or
with fine or both on subsequent conviction.
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