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Drug and Magic Remedies (Objectionable Advertisements) Act, 1954

Under the Drug and Magic Remedies (Objectionable Advertisements) Act, 1954 in India, certain types of advertisements are exempted from the general prohibition on promoting drugs or treatments that claim to have magical properties or cure certain specified diseases. The exemptions include:

Pharmaceutical jurisprudence

  1. Government Advertisements: Advertisements issued by the Central or State Government or by any authority established by law are exempt. These are considered reliable and for public welfare.

  2. Medical and Scientific Journals: Advertisements appearing in any medical, scientific, or technical publication intended for circulation among members of the medical or pharmaceutical profession are exempt. This ensures that professional knowledge exchange is not hindered.

  3. Certified Advertisements: Advertisements that are published with the approval or certification from the prescribed authority, such as the Drugs Controller, can be exempt if they comply with regulatory standards.

  4. Educational Content: Advertisements that are solely intended to provide educational or instructional information about diseases or conditions without promoting a particular remedy are also exempt, provided they adhere to the law’s guidelines.

These exemptions help strike a balance between preventing misleading health claims while allowing the dissemination of accurate and helpful medical information.

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