The Critical Appraisal of Drug Advertisement Directly to Consumers: A Mockery of Drugs and Magic Remedy (Objectionable Advertisements) Act
DOI:
https://doi.org/10.48165/Keywords:
Drug Advertisement, Drug and Magic Remedy Act, Critical Appraisal, OTC, DTCAAbstract
Media has a profound effect over masses to shape and mould the ideas regarding any product. Thus it is an essential tool for mass awakening and welfare of the public at a large. But regarding drugs this tool of advertisement should be used very meticulously. If pharmaceutical companies are allowed to advertise the drugs, then it leads to increase in self medication and the society has to face the menace of adverse effects for long lasting time. Despite the existing legislations banning the advertisement of drugs in certain diseased conditions, lucrative advertisements of drugs and medical remedies are freely flowing in the Indian mass media nowadays. These advertisements allure the vulnerable consumers thus increasing the threat of self medication in the society. Through this article it is tried to critically appraise the advantages, disadvantages and remedies regarding direct to consumer drugs advertisement.
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References
Pratibha Khosla, Akash Khosla. Direct to consumer advertising of prescription drugs on internet: A Boon or a Curse. Indian J Pharmacol. 2011 Jul-Aug; 43(4): 483–484. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3153724/;
http://www.ijp.online.com/article.asp?issn=0253-
;year=2011;volume=43;issue=4;spage=483;epage=484;aulast =khosla;
Navvasai, Drug legislation in India, http://www.pharmainfo.net/navyasia/blog/drug-legislation.india
Hamdard Dawakhana (Wakf) Lal. vs. Union of India and Others, Judgment on 18th December, 1959, Equivalent citations: 1960 AIR 554, 1960 SCR (2) 671. www.indiankanoon.org/doc/591481/;
The Pharmacy Act, 1948.
The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
The Drugs and Cosmetics Act, 1940. http://www.indiaoppi.com/IndiaOTCpharmaProfile2011.pdf,
Assessed on December 2011.
Tata Press Limited vs. Mahanagar Telephone-Nigam, Judgement dated on 3rd August, 1995, Equivalent citations: 1995 AIR 2438, 1995 SCC (5) 139.
Frosch DL, Grande D. Direct-to-consumer advertising of prescription drugs. LDI Issue Brief. 2010; 15: 1–4. [PubMed]
Mansfield PR, Mintzes B. Direct to consumer advertising is at the crossroads of competing pressures from industry and health needs. BMJ. 2005; 330: 5–6. [PMC free article] [PubMed]
Findlay SD. Direct-to-consumer promotion of prescription drugs. Economic implications for patients, payers and providers. Pharmacoeconomics. 2001; 19: 109–19. [PubMed]
Indian Medical Council Act, 1956.
FDA concerned over tall claims in medicine advertisements. Times of India, Goa, Sept. 20, 2010, 05.53 am IST. http://articles.timesofindia.indiatimes.com/2010-09
/goa/28255357_1_advertisements-heart-diseases-medication. 13. Somita Pal. FDA to serve notices on channels advertising 'wonder drugs'. Published in Daily News and Analysis, Mumbai, Monday, Nov. 21, 2011, 9:00 IST. http://www.dnaindia.com/authors/somita pal.
Raktim Kumar Ghosh, Samhati Mondal Ghosh. Drug advertisements: what a physician should know. New Zealand Medical Journal. 2010, Vol. 123, No. 1314, Page1-3.
Lal A. Pharmaceutical drug promotion: How it is being practiced in India? J Assoc Physicians India. 2001; 49: 266–73. [PubMed] 16. The Narcotic Drugs and Psychotropic Substances Act, 1985. 17. The Medicinal and Toilet Preparations (Excise Duties) Act, 1956. 18. The Drugs (Prices Control) Order 1995 (under the Essential Commodities Act).
India: Advertising Law In India - Part 1 http://www.mondaq.com/india/x/192384/advertising+marketing+bra nding/Advertising+Law+in+India assessed on 10 January 2014. 20. The Information and Technology act, 2000
