Unit-4 - Drugs and Magic Remedies act 1954 and its Rules 1955 [DMR Act] Act - Pharmaceutical Jurisprudence

 

Introduction: 

This act has been implemented mainly for the purpose of controlling or preventing certain types of advertisements made relating to specific types of “Drugs” and “Magic Remedies”. These types of advertisements are normally made by a large number of quack doctors, mantriks, tantriks, etc who mislead the public and even lead to the danger of life or harm to the people.

Definitions: Drugs: are defined to include any medicines or substances intended to be used for the purpose of diagnosis, prevention, treatment, cure and mitigation of any diseases in human beings or animals and meant for internal or external use including any articles or medical devices used for affecting or altering the structure and functions of the human body or animals excluding articles of food and detergents.

Magic Remedies: are defined to include “mantras” , “tantras” , ‘’ thaitas” , “kavachas” , “bhasmas” , “thalismans” and any other similar substances which falsely claim to possess a miraculous or a magical power of diagnosis , prevention , treatment, cure and mitigation of diseases in human beings or animals. 

Advertisements: are defined to include any notices , circulars , labels , wrappers and documents including any announcement made orally by sound or exhibited on screens with light , sound or smoke for the purpose of promoting any types of “Drugs” and “Magic Remedies” 

Schedule ‘J’ [D and C Act]: It consists of the list of diseases for which a drug should not directly claim to prevent or cure any diseases in humans or animals. Examples: Appendicitis , blindness, cancer, diabetes , hypertension, epilepsy , sexual disorders in men or women, menstrual disorders, gangrene , paralysis , TB , typhoid ,cholera , plague etc..

CLASSES OF ADVERTISEMENTS PROHIBITED AND EXEMPTED

 I. Prohibited Advertisements

The following classes of advertisements are prohibited to be made under DMR act

1. Any type of advertisement meant for procurement of miscarriage or prevention of conception in women.

2. Advertisement made for the correction of menstrual disorders in women.

3. Advertisement made for the improvement of sexual power or sexual pleasure in men or women.

4. Advertisements of ‘’ magic remedies” which claim to prevent or cure magically or miraculously any disease or disorders in humans or animals.

5. Ads made for the prevention or cure of any types of diseases in human beings or animals mentioned under scheduled “J” of D and C act.

6. Ads of drugs which falsely claim to prevent or cure any types of diseases or disorders in humans or animals.

7. Any advertisement of a drug for a specific disease which has been prohibited by central government

II. Exempted Advertisements

The following classes of advertisements are exempted under the DMR act

1. Any sign board or notices made by a Registered medical practitioner [RMP] outside his premises indicating that diagnosis and treatment is under taken by him for any type of diseases or disorders in humans or animals. Examples: general practitioner, cardiologist, physician, dermatologist, psychiatrist, sexologist etc.

2. Any ad of a drug which is sent confidentially to any RMP

3. Literatures accompanying the package of drugs

4. Ads of drugs made in medical , pharmaceutical , scientific and technical journals

5. Any articles published in books or newspapers or magazines which explains any type of disease or disorder in humans or animals along with the list of drugs normally used for their treatment meant only for

the purpose of bona fide scientific purpose or for educating the people which are otherwise normally prohibited under the act

6. Price list of drugs including their uses and side effects published by the licensed importers or manufactures under D and C act 1940

7. Any ad of a specific drug for a specific disease published by the state or central government under specific circumstances

OFFENCES AND PENALTIES:-

1. If any person is found and proved of making any prohibited advertisement is liable to be punished with a fine up to 500 rupees or an imprisonment for 6 months on the first conviction and a fine up to 1000 rupees and an imprisonment for 1 year on the subsequent conviction

2. Any printer or a publisher who makes a prohibited ad is also liable to be punished in a similar manner , however they are exempted from such a punishment if they provide the name and the address of a person who has given such an ad to be made