The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 prohibits the advertisement of some drugs for treatment of certain diseases. Sections 3, 4 and 5 are state as follows -
“3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders: Subject to the provisions of this Act, no person shall take any 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 procurement of miscarriage in women or prevention of conception in women; or
- the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- the correction of menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act;
Provided that no such rule shall be made except–
- in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies, and
- after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 (23 of 1940) and, if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.
4. Prohibition of misleading advertisements relating to drugs: Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains 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 in any material particular.
5. Prohibition of advertisement of magic remedies for treatment of certain diseases and disorders: No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3.”
The Act has outlined 54 diseases for which it prohibits any advertisement suggesting the use of any drug for diagnosis, cure, mitigation, treatment or prevention.
“Diseases and ailments (by whatever Name described) which a drug may not purport to prevent or cure or make claims to prevent or cure
- Appendicitis
- Arteriosclerosis
- Blindness
- Blood poisoning
- Bright’s disease
- Cancer
- Cataract
- Deafness
- Diabetes
- Diseases and disorders of the brain
- Diseases and disorders of the optical system
- Diseases and disorders of the uterus
- Disorders of menstrual flow
- Disorders of the nervous system
- Disorders of prostatic gland
- Dropsy
- Epilepsy
- Female diseases in general
- Fevers (in general)
- Fits
- Form and structure of the female bust
- Gallstones, kidney stones and bladder stones
- Gangrene
- Glaucoma
- Goitre
- Heart diseases
- High or low blood pressure
- Hydrocele
- Hysteria
- Infantile paralysis
- Insanity
- Leprosy
- Leucoderma
- Lockjaw
- Locomotor ataxia
- Lupus
- Nervous debility
- Obesity
- Paralysis
- Plague
- Pleurisy
- Pneumonia
- Rheumatism
- Ruptures
- Sexual impotence
- Small pox
- Stature of persons
- Sterility in women
- Trachoma
- Tuberculosis
- Tumors
- Typhoid fever
- Ulcers of the gastrointestinal tract
- Venereal diseases, including syphilis, gonorrhea, soft chancre, venereal granuloma and lymphogranuloma”
(http://cghealth.nic.in/CFDA/Doc/Acts&Rules/Drugs%20and%20Magic%20Remedies%20(Objectionable%20Advertisement)%20Act,%201954.pdf)