Chapter: 2 Drugs and Magic Remedies

Drugs and Magic Remedies Objectionable Advertisements Act 1954

Objective of the Act

This Act was passed to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide legal remedies in case such advertisement are published / issued.

Important Definitions

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- (i) a medicine for the internal or external use of human beings or animals; (ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals; (iii)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; (iv)any article intended for use as a component of any medicine, substance or article, referred to in subclauses (i),

Magic remedy: includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;

Taking any part in the publication of any advertisement includes

(i) the printing of the advertisement,
(ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories