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Maha FDA detects cases of misleading ads in violation of DMR Act

Shardul Nautiyal, Mumbai Friday, July 22, 2016, 08:00 Hrs  [IST]

In its ongoing campaign to curtail misleading ads with false health claims, Maharashtra Food and Drug Administration (FDA) has recently detected cases misleading advertisements of ayurvedic products making false claims of reducing obesity and increasing stamina.

The state regulator has issued notices to leading news dailies stating that products advertised contravenes the provision of Section 3(d) and Section 4 of the Drugs and Magic Remedies (Objectionable advertisement) Act (DMR Act) 1954.

Maharashtra FDA in its notice has stated that advertisement of ayurvedic products called ‘Razor Slim’ and ‘Play Win’ capsule published in the said dailies is objectionable under the DMR Act. The advertisement makes false claims that the said products are for the condition of treatment of obesity and increasing stamina respectively.

According to the notice, the regulator has requested and directed the publication to immediately stop the broadcasting of said advertisement in the larger interest of public.

The state FDA served 1,434 notices to various print and electronic media across the state in the fiscal year 2013-14 under the DMR Act. As per official sources, over 90 per cent of notices served are to the electronic media alone. Around 160 notices were served in Thane and 121 in Mumbai alone for violation of the DMR Act.

DMR Act seeks to curtail undesirable advertisements pertaining to drugs and magic remedies because advertising is considered to encourage self medication of harmful drugs. The Act lists the diseases and disorders in respect of which advertising is banned under Section 3 of the Drugs and Magic Remedies Act, 1954.

In its recent raid for non-compliance to DMR Act, ayurvedic drugs worth Rs.2.04 lakhs were seized from the premises of a Mumbai based firm. These ayurvedic drugs were mixed with allopathic medicines in contravention to the provisions of the DMR Act, 1954.

The objectionable advertisement of the ayurvedic drugs were also being published in news papers where the drugs were shown to cure ailments like cancer, hormonal disturbances, female genital tract problems, erectile dysfunction, premature ejaculation, enhancing the breast cup size, etc.

The intelligence branch of the Maharashtra FDA seized the stock of Leucwin syrup, Leucwin capsules, Kaya Cure Churna, Nari Amrut syrup, Diab Hari Churna, Raj Pro Xtra Power, Mood on Forever capsule based on a tip-off.

The main objective of DMR Act is to control the advertisement of drugs in certain cases and to prohibit the advertisement connected with remedies alleged to posses magic qualities and to provide for matters connected therewith. Under the DMR Act, the definition of "Magic Remedy" includes a talisman, mantra, kavacha and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals.

 
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