Today, cures of questionable efficacy and gadgets of unknown values are being peddled through not just the print, but also television and the Internet. There is a proliferation of such advertisements that exploit the vulnerability of those suffering from certain diseases or an inferiority complex regarding their physical stature or looks.
The Drugs and Magic Remedies (Objectionable Advertisements) Act is specifically meant to tackle such false and misleading claims, but it is totally outdated and inadequate to deal with the present-day situation — it has no provision to tackle television and Internet advertisements. The Union Health Ministry has said that the law is being amended to curb such advertisements and award stringent punishment to those found guilty of violation.
As it stands, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, basically prohibits four kinds of advertisements pertaining to drugs and magical cures. Section 3 of the Act says that no person shall take any part in the publication of any advertisement promoting a drug or leading to the use of a drug for the procurement of miscarriage in women or prevention of conception in women; the maintenance or improvement of the capacity of human being for sexual pleasure; and correction of menstrual disorders in women.
Section 3 further prohibits any advertisement promoting drugs for the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule. The schedule lists a number of diseases, disorders or conditions such as diabetes, cataract, cancer, fevers (in general), obesity, rheumatism, impotence, high or low blood pressure, female diseases, epilepsy, stature of persons, venereal diseases, glaucoma, sterility in women, dropsy, etc.
Section 4 of the Act prohibits those advertisements relating to a drug if they contain any matter which directly or indirectly gives a false impression regarding the true character of the drug or makes a false claim for the drug or is otherwise false or misleading. Section 5 of the Act prohibits advertisements of magic remedies for treatment of certain diseases and disorders.