Context:
Recently, the Supreme Court has prohibited Patanjali Ayurved from disseminating advertisements that claim to treat medical conditions such as BP, diabetes, fevers, epilepsy, and lupus, as outlined in the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954.
Relevance:
GS II: Health
Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:
Legislative Framework:
- Established as a legislative framework to control the advertisement of drugs and prohibit claims of magical qualities in remedies.
Scope of Advertisements:
- Encompasses various forms of advertisements, including written, oral, and visual mediums.
Definition of “Drug”:
- Under the Act, “drug” refers to medicines intended for human or animal use, substances for diagnosis or treatment of diseases, and articles affecting the body’s functions.
“Magic Remedy” Definition:
- Extends beyond consumables to include talismans, mantras, and charms claiming miraculous powers for healing or influencing bodily functions.
Regulations on Drug Advertisements:
- Imposes strict regulations on the publication of drug-related advertisements.
Prohibited Advertisements:
- Prohibits advertisements that give false impressions, make false claims, or are otherwise misleading.
Penalties for Violations:
- Violations can result in penalties, including imprisonment or fines, upon conviction.
Definition of “Advertisement”:
- Extends to all notices, labels, wrappers, and oral announcements.
Applicability:
- Applies to all individuals and entities involved in the publication of advertisements, including manufacturers, distributors, and advertisers.
- Holds both individuals and companies accountable for contraventions.
Liability of Individuals:
- Individuals in charge of business operations may be deemed guilty unless they can prove lack of knowledge or demonstrate due diligence.
- Directors, managers, or officers of a company may be held liable if they consented to or neglected the offense.
Punishment:
- Violations can result in imprisonment, fines, or both.
- First conviction may lead to up to six months in prison, fines, or both.
- Subsequent convictions may result in imprisonment up to one year, fines, or both.
- The Act does not specify limits for fines imposed on individuals or organizations.
-Source: The Hindu
