Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

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Context

• The Supreme Court of India imposed restrictions on Patanjali Ayurved, a prominent Ayurvedic company, regarding its advertisements.

Details

• The court restrained Patanjali from discrediting allopathy in its campaigns and from advertising products that claim to cure chronic conditions.
• This decision was based on the court's observation that Patanjali's advertisements were misleading, particularly in presenting its products as offering "permanent relief," which the court deemed a violation of the law.
• The court cited provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMR&OA) and its Rules in support of its decision.

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

• The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, controls drug advertising in India.
• It prohibits ads claiming magical properties and makes such ads a cognizable offense.

Definition:

• Defines "magic remedy" as any talisman, mantra, amulet, or object claiming miraculous powers to cure diseases in humans or animals.
• Includes devices claiming to influence the structure or function of organs in humans or animals.

Prohibited Advertisements:

• Inducing miscarriage or preventing conception in women.
• Improving or maintaining sexual pleasure capacity.
• Correcting menstrual disorders.
• Curing, diagnosing, or preventing diseases or conditions in the included schedule.

Included Schedule Diseases:

• Originally included a list of 54 diseases and conditions.
• The original included schedule contained a list of 54 diseases and conditions:

1. Appendicitis
2. Arteriosclerosis
3. Blindness
4. Blood poisoning
5. Bright's disease
6. Cancer
7. Cataract
8. Deafness
9. Diabetes
10. Diseases and Disorders of brain
11. Diseases and Disorders of the optical system
12. Diseases and Disorders of the uterus
13. Disorders of menstrual flow
14. Disorders of the nervous system
15. Disorders of the prostatic gland
16. Dropsy
17. Epilepsy
18. Female diseases (in general)
19. Fevers (in general)
20. Fits
21. Form and structure of the female bust
22. Gall stones, kidney stones and bladder stones
23. Gangrene
24. Glaucoma
25. Goitre
26. Heart diseases
27. High/low blood pressure
28. Hydrocele
29. Hysteria
30. Infantile paralysis
31. Insanity
32. Leprosy
33. Leucoderma
34. Lockjaw
35. Locomotor ataxia
36. Lupus
37. Nervous debility
38. Obesity
39. Paralysis
40. Plague
41. Pleurisy
42. Pneumonia
43. Rheumatism
44. Ruptures
45. Sexual impotence
46. Smallpox
47. Stature of persons
48. Sterility in women
49. Trachoma
50. Tuberculosis
51. Tumours
52. Typhoid fever
53. Ulcers of the gastro-intestinal tract
54. Venereal diseases, including syphilis, gonorrhoea, soft chancre, venereal granuloma and lympho granuloma.

Amendments and Penalties:

• Schedule can be changed to include more diseases.
• Maximum penalty is 6 months' imprisonment with or without a fine on first conviction, up to a year on subsequent convictions.
• Companies found guilty will have all members deemed guilty.

Criticism and Future Amendments:

• Law is rarely enforced, and products are freely available.
• Law is considered outdated, with 14 diseases on the list now curable.
• Proposed amendments raise questions about the status of traditional medicine systems like Yoga and Ayurveda.

Way Ahead

• Strictly enforce the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
• Launch campaigns to educate the public about misleading advertisements.
• Establish mechanisms to monitor and report objectionable ads.
• Engage with communities to raise awareness.
• Conduct programs in schools about dangers of unverified drugs.
• Update the Act to address current healthcare needs.
• Partner with healthcare professionals to promote responsible advertising.
• Strengthen bodies to ensure compliance.
• Increase penalties for violations to deter offenders.
• Use tech to monitor online ads.

PRACTICE QUESTION Q. Which of the following diseases or conditions were included in the original schedule of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954? A) Appendicitis B) Cancer C) Diabetes D) Leprosy E) Smallpox F) Tuberculosis Select the correct answer using the codes below: A, B, and C only A, B, C, and D only A, B, C, D, and E only A, B, C, D, E, and F Answer: 4. A, B, C, D, E, and F