Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is about to be amended by the government of India.
According to the draft bill, it could impose a penalty of up to Rs 50 lakh and up to five years of imprisonment for advertisements promoting products for fairness of skin. This same order implies the promotion of pharma products
for deafness, improvement of height, hair loss or greying, obesity.
According to the bill, a fine of up to Rs 10 lakh and up to 2 years’ imprisonment would be consistent within the case of the first offence.
The present law identifies ‘magic remedy’ within the type of a talisman, mantra, kavacha, and therefore the other charm of any kind which is alleged to possess miraculous powers for or within the diagnosis, cure, mitigation, treatment or prevention of any disease in citizenry or animals or for affecting or influencing in any way the structure or any organic function of the body of citizenry or animals.
According to the Ministry of Health and Family Welfare, it's proposing the amendment “in order to remain pace with changing time and technology.”
The draft amendments also proposes to expand the definition of an ad to “any audio or visual publicity, representation, endorsement or pronouncement made by means of sunshine, gas, smoke, sound, electronic media, print, internet or website and includes any notice, circular, label, wrapper, invoice, banner, poster or such other documents: as long as label or wrapper may be a billboard as long because it contains any information or claim apart from provided within the principles .”
The ministry has further proposed to ban advertisements of medicines and products imagined to cure “any” of the 78 diseases, disorders or conditions it's specified.
The ministry has decided to ask for suggestions, comments or objections from the overall public or stakeholders regarding the said draft Bill.