Draft Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020

Feb 05, 2020 | by Avantis RegTech Legal Research Team

Industry Specific Compliance

The Ministry of Health and Family Welfare (MoHFW) on February 03, 2020, invites suggestions or comments or objections on Drugs and Magic Remedies (Objectionable Advertisements) (Amendment) Bill, 2020.

The Draft Bill amends the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The amendments are as under:

 Section 2(a) which defines “advertisement” will be substituted:

“advertisement” means any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice, banner, poster or such other documents: 

Provided that label or wrapper is an advertisement only if it contains any information or claim other than provided in the rules.

 Under Section 3(d) which specifies the prohibition of advertisement of certain drugs for treatment of certain diseases and disorders, sub-clause (iii) will be inserted:

Sub-clause (iii): after consultation with Ayurvedic, Siddha and Unani Drugs Technical Advisory Board constituted under section 33C of the Drugs and Cosmetics Act, 1940 in respect of Ayurvedic, Siddha and Unani system of medicines.

 Substitutes section 7 which specifies the penalty:

Penalty: Whoever contravenes any of the provisions of this Act [or the rules made thereunder] shall, on conviction, be punishable:

(a) in the case of first conviction, with imprisonment which may extend to two years and fine upto ten lakh rupees.

(b) in the case of a subsequent conviction, with imprisonment which may extend to five years and fine upto fifty lakh rupees.

 Schedule which specifies the names of the disease, disorder or condition will be substitute.

The suggestions/comments/objections may be forwarded within 45 days from the date of issue of this Notice (February 03, 2020) by email at [email protected] or by post to Under Secretary (Drugs Regulation), MoHFW, Room No. 414A, D Wing, Nirman Bhawan, New Delhi - 110011. 


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