The Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955. Notification No.S.R.O.512,dt.26-02-1955

      Structure of the rule                     

                                     

Rule	Content
1	Short title & Commencement
2	Definitions
3	Scrutiny of misleading misleading advertisements relating to drugs
4	Procedure to be followed in prohibiting import into & export from, India of certain advertisements
5	Manner in which advertisements may be sent confidentially
6	Prohibition of advertisement of drugs for treatment of disease, etc
	The Schedule
	Notifications

Scrutiny of misleading advertisements relating to drugs

Any person authorised by the state Government in this behalf may, if satisfied, that an advertisement relating to a drug contravenes the provisions of section 1 by order, require the manufacturer,packer,distributer or seller of the drug to furnish within such time as may be allowed in this behalf by the person so authorised information regarding the composition of the drug or the ingredients thereof or any other information in regard to that drug as he deems necessary for holding the scrutiny of the advertisement, and where any such the drug to which the advertisement relates to comply with the order.

Provided that no publisher or advertising agency of any medium for the dissemination of an advertisement elating to a drug shall be deemed to have made any such contravention merely by reason of the dissemination by him or it of any such advertisement, unless such publisher or advertising agency has failed to comply with any direction made by the authorised person in this behalf calling upon him or it to furnish the name and address of the manufacturer, packer,distributer, seller or advertising agency, as the case may be, who or which caused such advertisement to be disseminated.

Procedure to be followed in prohibiting import into & export from, India of certain advertisements

(1)If the customs collector has reasons to believe that any consignment contains documents of the nature referred to in section 6, he may , and if requested by an officer appointed for the purposes by the Central Government, shall detain the consignment and dispose it of in accordance with the provisions of the Sea Customs Act 1878 and shall also inform the importer or exporter of the order so passed.

Manner in which advertisements may be sent confidentially

All documents containing advertisements relating to drugs referred to in clause (c) of sub –section (1) of section 14, shall be sent by post to a registered medical practitioner by name, or to a wholesale or retail chemist, the address of such registered medical practitioner or wholesaler or retail chemist being given. Such document shall be at the top, printed in indelible ink in a conspicuous manner, the words “For the use only of registered medical practitioners or a hospital or a laboratory.

Prohibition of advertisement of drugs for treatment of disease, etc

No person shall also take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the diagnosis,cure,mitigation,treatment or prevention of any disease, disorder or condition specified in the Schedule annexed to these rule.

The Schedule

 1.  Asthma

 2.  AIDS

Notifications:

1.  Permitted class of advertisements relating to drugs

(Notification: G.S.R.843)

2.  Permitted advertisements of Chemical contraceptives

(Notification No.G.S.R. 46 (E), dated 30-04-1992)