Department of Health & Family Welfare Cautions Against Misleading Medical Advertisements
13th June 2024: Kohima – The Department of Health & Family Welfare, Nagaland, has issued a stern warning against the promotion of misleading medical advertisements under Section 7 of the Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954. This legislation prohibits any individual from participating in the publication of advertisements that refer to drugs in ways that suggest or are likely to lead to their use for certain purposes.
The Act specifically targets advertisements that claim to:
- Induce miscarriages in women or prevent conception.
- Maintain or improve sexual pleasure capacities.
- Correct menstrual disorders.
Moreover, it bans advertisements related to the diagnosis, cure, mitigation, treatment, or prevention of 54 diseases, disorders, or conditions, including but not limited to appendicitis, blindness, cancer, leprosy, sexual impotence, and sterility in women.
Legal Consequences
Section 7 of the Act provides for penal provisions against violators:
- First Conviction: Imprisonment up to 6 months, or a fine, or both.
- Subsequent Convictions: Imprisonment up to 1 year, or a fine, or both.
Advisory to Media and Public
In light of these legal provisions, the Health Department has advised all print media, publishers, advertisement agencies, and social media users to refrain from publishing, promoting, or broadcasting advertisements for drugs or medical products that contravene the 1954 Act. The department has emphasized that strict legal action will be initiated against any defaulters.
This caution aims to protect the public from misleading information that could lead to health risks and ensure adherence to ethical standards in medical advertising.