Why is it in the News?

Recently, the Supreme Court restrained Patanjali Ayurved from discrediting allopathy in its campaigns, and from advertising products that claim to cure chronic conditions.

What is the Magic Remedies Act?

• The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 is a legislative framework to control the advertisement of drugs and prohibit claims of magical qualities in remedies.
• The Act encompasses various forms of advertisements, including written, oral, and visual mediums.

What does the Magic Remedies Act entail?

• Under the Act, “drug” refers to medicines intended for human or animal use, substances for diagnosis or treatment of diseases, and articles affecting the body’s functions.
• Other than articles meant for consumption, the definition of “magic remedy” under this Act also extends to talismans, mantras, and charms that allegedly possess miraculous healing powers or influence bodily functions.

Regulations on advertisements under the Magic Remedies Act:

• The Act imposes strict regulations on the publication of advertisements related to drugs.
• It prohibits advertisements that give false impressions, make false claims, or are otherwise misleading.
• The term “advertisement,” under the Act, extends to all notices, labels, wrappers, and oral announcements.
• Violations of these provisions can result in penalties upon conviction, including imprisonment or fines.

Punishment:

• Violating the Act can result in imprisonment, fines, or both.
• If this is the first conviction for the violator, they may face up to six months in prison, fines, or both.
• For a subsequent conviction, imprisonment may extend to one year, a fine, or both.
• The Act does not include any limits for the fines that may be imposed on individuals or organizations.

Who comes under the Magic Remedies Act?

• The Act applies to all individuals and entities involved in the publication of advertisements, including manufacturers, distributors, and advertisers.
• The Act can hold both individuals and companies accountable for contraventions.