Definitions in the Act (Drugs and Magic Remedies Act, 1954)

This article explains about the key definitions in the Drugs and Magic Remedies Act 1954 that explain terms related to drugs magic remedies and advertisements.

Important Key Definitions (Section 2 of the Act):

1. Advertisement:

   • It includes any representation—whether oral, written, or visual—that promotes or suggests the use of a drug or magic remedy for diagnosis, prevention, treatment, or cure of diseases.
   • It covers advertisements in newspapers, magazines, posters, and other media forms.

2. Drug:

   • Includes any medicine, substance, or preparation used for the treatment, prevention, or diagnosis of a disease.
   • Also covers substances used to influence body functions (e.g., hormones, tonics).

3. Magic Remedy:

   • Refers to any talisman, mantra, or charm claimed to have miraculous healing properties or supernatural powers to cure diseases.
   • It includes objects, practices, or rituals that are claimed to have magical healing abilities.

4. Disease or Disorder:

   • Includes any abnormal condition of the body, whether temporary or permanent, that affects physical or mental health.
   • A detailed list of diseases and disorders is provided in the Act (Schedule).

Prohibited Advertisements

Prohibited Advertisements (Section 3):

The Act strictly prohibits advertisements related to drugs and remedies that claim to:

1. Treat or cure any of the diseases or conditions listed in the Schedule of the Act.

   Examples of such diseases include:

   • Cancer
   • Diabetes
   • Heart disease
   • High blood pressure
   • Epilepsy
   • Sexual disorders
   • Mental illnesses

2. Improve Sexual Strength or Performance:

   • Advertisements for remedies claiming to improve potency or treat impotence, infertility, and menstrual disorders are banned.

3. Enhance Physical Appearance:

   • Claims to alter height, weight, or skin complexion (such as fairer skin creams) are restricted.

4. Possess Magical Properties:

   • Remedies claiming to have supernatural effects in curing diseases or disorders are prohibited.

5. Mislead Consumers:

   • Advertisements containing false or exaggerated statements about the efficacy of a drug are banned.

6. Encourage Self-medication:

   • Advertisements promoting drugs that lead to self-diagnosis and self-medication without consulting doctors are prohibited.

Key Example to Drugs and Magic Remedies Act 1954:

• An advertisement claiming that a specific oil can regrow hair in bald people is prohibited under this Act because it makes exaggerated claims without scientific backing.

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