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Drugs & Magic Remedies Act Advertisement Rules
1. RAVIKUMAR R PATIL
A S S I S T A N T P R O F E S S O R
L N B C I N S T I T U T E O F P H A R M A C Y ,
R A I G A O N , S A T A R A
Drugs & Magic remedies
act,1954 & rules 1955
2. Aim
To control & prohibit
the certain types of
advertisements, which
falsely claim & mislead to
public relating to drugs.
RRP, LNBC Institute of Pharmacy, Satara
3. Definitions
Magic Remedies:
In that includes a Talisman, Mantra, Kavacha & any
other charm claiming to possess miraculous powers:
For diagnosis, treatment & prevention of any disease
in human being or animals
or
For affecting or altering the structure or organic
function of the body or animal
RRP, LNBC Institute of Pharmacy, Satara
4. Advertisement: In that any notice, circular, label,
wrapper, documents & any announcement made
orally or by mean of producing or transmitting light,
sound or smoke.
RMP: It means any person:
Who hold a qualification granted by an authority
specified in or notified under, Sec 3 of the Indian
Medical Degree Act, 1916 or specified in the
schedules to the Indian Medical Council Act, 1956.
Definitions
RRP, LNBC Institute of Pharmacy, Satara
5. Classes of Prohibited Advertisements
RRP, LNBC Institute of Pharmacy, Satara
CLASS EXAMPLES
Advertisements of
drug/
Drugs which may
lead to its or their
use for the
treatment of certain
disease & disorders
-For the correction of menstrual
disorders in women
Or
-For maintinance or improvement of
the power of human being for sexual
pleasure
Or
-For the procurement of miscarriage in
women
6. RRP, LNBC Institute of Pharmacy, Satara
Classes of Prohibited Advertisements
CLASS
Misleading
advertisement
relating to
drugs
-Directly or indirectly give a false
impression regarding the true nature
of drug or drugs
Or
- Make any false claim for such drug or
drugs
7. RRP, LNBC Institute of Pharmacy, Satara
CLASS
Prohibition of
misleading
advertisements
relating to a drug
-any matter contain
directly or indirectly give
false information
regarding the true nature
or character of the drug
or drugs
Classes of Prohibited Advertisements
8. RRP, LNBC Institute of Pharmacy, Satara
Classes of Prohibited Advertisements
CLASS
Prohibition of
advertisements of
magic remedies
for treatment of
certain diseases &
disorders
-Publication of any
advertisements (by false
information or false
impression) related to
any magic remedy which
directly or indirectly
claims to be efficacious
for any of the purpose is
prohibited.
9. RRP, LNBC Institute of Pharmacy, Satara
Classes of Prohibited Advertisements
CLASS
Prohibition of
import into, &
export from,
India of certain
advertisements
-Import or export from
India of any documents
containing prohibition
nature of advertisements.
10. CLASSES Of EXEMPTED ADVERTISEMENTS
(not Prohibited)
RRP, LNBC Institute of Pharmacy, Satara
Any advertisements published by the Govt. or any
person with permission from Govt. relating to the drug.
Any advertisements sent to the RMP in prescribed
manner with confidentially.
Any advertisements relating to the disease or disorders
or conditions other than prohibited, published in any
book with bonafide scientific or social point of view.
11. RRP, LNBC Institute of Pharmacy, Satara
Any signboard or notice displayed by the RMP on his
premises indicating that the treatment is under taken
for any disease, disorder or conditions specified in the
schedule to this Act or any rule under this Act.
CLASSES Of EXEMPTED ADVERTISEMENTS
(not Prohibited)
12. RRP, LNBC Institute of Pharmacy, Satara
Allow to Advertisement relating to drugs which
comply with the required conditions
Leaflets or literature along with pickings of drugs.
Or
Allow to Advertisement of drugs in medicinal,
pharmaceutical, scientific & medical journals,
Price list or therapeutic index published by licensed
manufacturer, importer or distributor of drugs or MR.
With following conditions…..
CLASSES Of EXEMPTED ADVERTISEMENTS
(not Prohibited)
13. RRP, LNBC Institute of Pharmacy, Satara
Advertisement should contain only following things
for the guidance to RMP:
Therapeutic indications
Route of administration
Dosage & side effects
Precautions to be taken in treatment with the drug
Such type of literatures should be distributed to RMP,
dispensaries, hospitals, medical & research institution,
pharmacies.
CLASSES Of EXEMPTED ADVERTISEMENTS
(not Prohibited)
14. Offences & Penalties
RRP, LNBC Institute of Pharmacy, Satara
o Punishable with imprisonment up to 6 month or
with fine or both, on first conviction.
o Punishable with imprisonment up to 1 year or with
fine or both, on subsequent conviction.
o However, such person is not liable for punishment if
he proves that the offence was committed without
his knowledge.