Prohibition and increased punishment for advertisements falsely claiming to increase height, fairness and cure disorders

The Ministry of Health and Family Welfare in its notification dated 3rd February, 2020, has published the draft Drugs and Magic Remedies (Objectionable Advertisements) (DMR) (Amendment) Bill, 2020. The proposed draft bill clearly defines Advertisement and disorders covered under the ambit of the Act and prescribes increased punishment. It has proposed to enhance the penalties for first conviction to two years and a fine up to Rs 10 lakh from the existing provisions of six months’ jail and an unspecified fine. The bill has proposed five years’ jail and a fine up to Rs 50 lakh for a second conviction, which currently carries penalties of a one-year jail term and an unspecified fine.

The draft has expanded the list of disorders and has included 24 new disorders for which advertising of cure is prohibited for treatment of AIDS, encephalitis, fairness of skin, improvement in height of children or adults, and premature graying of hair, among others.

The Ministry invites suggestions, comments or objections if any from the public which shall be forwarded within 45 days from the date of issue of this notice by email at drugsdiv-mohfw@gov.in or by post to Under Secretary (drugs Regulation), Ministry of health and family welfare, Room No. 414 A, D Wing, Nirman Bhawan, New Delhi – 110011.

Click here to read the Notification.

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