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Maharashtra FDA witnesses 58% increase in lodging of FIRs in 2013-14 under DMR Act
Shardul Nautiyal, Mumbai | Tuesday, September 9, 2014, 08:00 Hrs  [IST]

There has been a considerable increase in the number of FIRs filed by the Maharashtra Food and Drug Administration (FDA) during the last one year against media channels for violations of Drugs and Magic Remedies (DMR) Act. There was an increase of 58 per cent in 2013-14 as compared to 2010-11.

The state FDA served 1434 notices to various print and electronic media across the state in the fiscal year 2013-14 under the DMR Act. Notices served has also shown an upswing due to strict enforcement as compared to the previous year when only 1273 notices were served.

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.

Material worth over Rs.55 lakh was seized and over Rs.33 lakh of material prohibited. As per FDA officials, 377 notices were served in 2011-12 with only 14 FIRs.

The FDA had also filed an FIR a couple of months ago against a Mumbai-based weight loss firm for publishing misleading advertisement in a reputed national daily making a false claim that it is FDA approved. The FDA had raided the premises of the firm at Andheri (W) in Mumbai in response to the firm's tall claims about weight loss treatment like advance weight loss and that the treatment offered is FDA approved. They were found violating certain sections of Indian Penal Code (IPC) and Magic Remedies Act. FDA also filed an FIR against them at Amboli Police Station in Andheri West area of Mumbai.

"Publishing misleading advertisement with the false claim is a serious violation under DMR Act," informed a senior FDA official.

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, 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.

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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