Classes of Exempted Advertisements

Below we have described about the classes of exempted advertisements under the Drugs and Magic Remedies Act 1954 and know which drug ads are legally permitted.

Exemptions (Section 14):

While the Act prohibits most advertisements, some advertisements are exempted under specific conditions:

1. Government-approved Advertisements:

   1. Advertisements published with prior approval from the Government or authorized medical bodies for public awareness are exempt.

2. Medical Institutions and Professionals:

   1. Information shared by doctors or hospitals for educational purposes or research is allowed.

3. Books, Journals, and Reports:

   1. Information published in recognized scientific or medical journals is exempt.

4. Registered Practitioners:

   1. Advertisements related to drugs prescribed by licensed medical practitioners for the treatment of diseases may be exempted if properly regulated.

5. Public Interest Advertisements:

   1. Ads intended for public health campaigns, such as vaccination or awareness programs, are exempt.

Important Note:

• The exemption applies only if the advertisements do not make false or misleading claims and comply with regulations.

Offences and Penalties

Offences under the Act (Section 7):

• Publishing or displaying any advertisement that violates the Act’s provisions is considered an offence.
• Possessing materials intended for illegal advertisement purposes is also an offence.

Penalties (Section 7):

1. For the First Offence:

   1. Imprisonment: Up to 6 months.
   2. Fine: Or both.

2. For Subsequent Offences:

   1. Imprisonment: Up to 1 year.
   2. Fine: Or both.

3. Additional Actions:

   1. Seizure and confiscation of all materials related to illegal advertisements.

Prosecution Procedures:

• Prosecution can only be initiated by an authorized officer (e.g., Drug Controller) or a person permitted by the government.
• Private individuals cannot directly file complaints under this Act.

Important Provisions Under the Rules

The Rules under the Act define guidelines and procedures for its enforcement, such as:

1. Content Regulations:

   1. Advertisements must be factual and not mislead the public.

2. Approval Requirements:

   1. Advertisements related to drugs must get prior approval from health authorities.

3. Labeling and Packaging:

   1. Products must have proper labeling to avoid misinterpretation.

4. Maintenance of Records:

   1. Manufacturers and advertisers must keep records of approvals and advertising materials.

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