The Additional Chief Judicial Magistrate Court (EO) at Eranakulam in Kerala convicted the Proprietor and Licencee of ‘Musli Power Xtra’, a herbal aphrodisiac, manufactured by Kunnath Pharmaceuticals in Kerala for violation of provisions of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
The Court has imposed a penalty of Rs.50,000 and also imposed jail sentence of four months on the Proprietor, KC Abraham. In default of payment of the amount, Abraham will have to undergo rigorous imprisonment of a period of three months more, the judgement says.
The case against the company was charged by the Eranakulam zonal office of the Department of Ayurveda Drugs Control, Government of Kerala in 2009. The complainant, Dr RY John, then ayurveda drugs controller at the zone, alleged that the company had committed offence punishable under section 7 read with section 1/w 3 of the DMROA Act.
In September 2009, the company had given advertisement in a leading magazine violating the provisions of the Act. The advertisement stated that the product cured infertility by enhancing sexual capability and fertility. The drug inspector argued in the court that the advertisement was in contravention of the provisions of Section 3 (b) of the Act and item number 48 of the Schedule of the Act.
While narrating to Pharmabiz about the violation case, drug inspector John said ‘Musli Power Xtra’ manufactured by Kunnath Pharmaceuticals is a good ayurvedic product, but the case was taken for giving publicity violating DMROA Act. The Drugs & Magic Remedies (objectionable advertisement) Act clearly specifies the prohibition of advertisement for certain drugs, especially in the category of drugs described as aphrodisiac.
He said the company, through advertisement, was claiming that the product could treat infertility in both men and women. The product is formulated from Safed Musli (chlorophytum borivilianum) known as Indian herbal aphrodisiac.
When contacted, the managing director of Kunnath Pharma, K C Abraham, said he will file appeal with the sessions court against the present decree.
Meanwhile, the general secretary of the Ayurveda Medical Association of India (AMAI), Dr Rejith Anand has welcomed the judgement of the court. But he said product made from Safed Musli is a good medicine for erectile dysfunction.