Background:

The Maharashtra wing of the Food and Drugs Administration (hereinafter referred to as ‘FDA’) had been recently reported[1] to have proposed to the State Government to bring Ayurveda medicine sales under the purview of FDA. Further, the Maharashtra FDA was reported[2] to have a case registered against the manufacturers and distributors of an Ayurvedic tablet which claimed to be helping them increase their height. The case had been registered on the allegations of cheating the customers by making false claims about the medicines.

Update:

As per the reports[3], the Maharashtra wing of Food and Drugs Administration (hereinafter referred to as ‘FDA’) has seized different kinds of magical cure medicines from Thane worth approx. 5.5 lakhs which claims to cure various problems and chronic diseases such as diabetes, cancer, blood problems, erectile dysfunction, low sperm count, blood pressure problems, etc.

Apart from seizing the stock, the FDA has also booked the concerned manufacturers and stockists under the Drugs and Magical Remedies Act, 1954 (hereinafter referred to as the ‘DMR Act’), the FDA also warned the citizens against the authenticity of such drugs.

Nature of offence:

The DMR Act states that an offence punishable under it shall be cognizable in nature and further mentions that no legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under the Act.

Advertisement of misleading nature:

The DMR Act specifically provides that no person should take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:

  1. directly or indirectly gives a false impression regarding the true character of the drug; or
  2. makes a false claim for the drug; or
  3. is otherwise false or misleading in any material particular.

Penalty for offence:

The DMR Act provides the penalty for contravention of the provisions of the act as follows:

  1. First conviction: imprisonment which may extend to six months or fine or both;
  2. Subsequent conviction: imprisonment which may extend to one year or fine or both.